Military Justice Legislation Amendment Bill – Committee Stage – Part 2 – Video 2

Military Justice Legislation Amendment Bill – Committee Stage – Part 2 – Video 2

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some as well they committed unity I call Duncan we thank you madam chair it is me but Mitchell has noted this bill has been in the house for some time and it is a important but not contentious piece of legislation and part three a means they caught Marshal’s appear leaked in some important ways and one of those important ways with this I’ve controlled a paper of course is dealing with fitness to stand trial because fitness to stand trial is of course an important question and we can see that the one of those questions that is dealt with in the amendments to that act is the order of the inquiries because if someone has found unfit to stand trial then clearly that is a significant mark against them and therefore the the effect of the matter is that the inquiry is first to be under that supplementary order paper whether or not the the factors giving rise to the offense exist and that’s a great improvement and as we know that is aligning it with the court matters bill so that we know before we start inquiring in trial whether someone is fit to stand trial we know what the facts of the offense are the other things that this does does and which is really important in amending the Act is to reinforce the rights of victims and essentially to put victims in military justice on the same footing as those in the civilian sphere in there is very very important indeed and whilst it is the case that many victims of Military Justice are in fact military but are victims of military offenses and military personnel themselves that’s not to belittle at all the trauma that may flow from that in there may perhaps have been a bit of a sense that in the military you need to harden up a bit well that’s not the case and so these states are very very important and they sit alongside some other measures that were heard about and Select Committee including the respect program which of course is aiming at reducing sexual violence in particular in the in the in the military and in the armed forces in this is part of their program to make sure that victims rights are respected and that there’s fairness in equality for military members alongside their civilian peers including knowing what’s going on when for example prisoners are released when they’re on bail when they escape or indeed if they die in custody so that there is a real sense so that’s a that’s an excellent move because the matter of principle is that these insofar as as possible these two things should run in parallel the other important change is this onus of proof because onus improve in respect to a defense needs to be the same as in any other part of a criminal prosecution and what this does is confirm that so in respect of this this part three amid amending the the Act we can see that is achieving that in respect of appeals as well so it’s absolutely right that it’s fear and in stick with a civilian system as I’ve seen an important piece of legislation in terms and it’s important to note that the submitters here the National Council of women the New Zealand law society would likely in support of it with some technical observations an excellent piece of legislation I commend the minister’s work was mark and I communed us to the house I call T no premiums here I actually wanted to make a contribution

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