Military Justice Legislation Amendment Bill – Third Reading – Video 10

Military Justice Legislation Amendment Bill – Third Reading – Video 10

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well we’ll stop that in the future Gilda the Honorable David diamond just following on from previous speakers in this debate I think he runs pretty much of the same l covered that we need to actually make sure that the the military justice legislation is updated to take into account an environment where there is that ability for there is the treatment in the military system that is commensurate with what you would get in the criminal justice system and so that there is no since the victims or those that are going through the system have a different approach that could be to the detriment of themselves and taking into the account this bill has the support of the parties in this house to make sure it goes through so when we look at this bill that was introduced by previous minister in 2017 and as part of that adjustment and renewal of the military justice system first I want to just acknowledge those great men and women that serve in our country’s forces and have put their lives on the line for our country safety and security their dedication to New Zealand is second to none and they deserve to have the best of our justice systems as well for anybody that may find themselves in the situation needing that so I think that’s important to do just like to acknowledge the other minister here mr. ron mark who’s taking this bill through and the parties that will be voting for it and the house here today so as has been said by other speakers it does bring military proceedings into line with those in civilian courts where the onus is on the prosecution to prove that the accused is guilty it also makes some changes around the procedure of court-martial in New Zealand aligning the provisions relating to fitness sustained with the Criminal Procedure Act of 2003 and allowing a process for objecting to and substituting military members of the court-martial so when we look at those military members of the court-martial this there’s a couple of things in there that it does focus on that so objection to a military member or substitute of a military member so the objection currently there’s no ability for the objection from the prosecutor so this will enable the process for that to happen and that’s that’s important part of any justice system and substituting military member this can be assigned from to the court if the military member dies or as absent or attires or was found guilty of contempt so this bill amends the court martial lake to provide that a substitute military member cannot be appointed after the accused has entered a plea so that’s an important part of our natural justice system as well the third area of real changes around the onus of proof and section 3 D of the Armed Forces discipline act 1971 provides that the onus is on the accused to prove on the balance of probabilities an excuse exemption exemption or qualification that the accused relies on US defense to a charge this provision is something that has been looked at in this bill and the bill repeals six and three two of the Armed Forces discipline Act as they should be tried just as any other criminal justice system where they have considered in a centum to prove you’re guilty so mr. speaker this is a bill which I should imagine would have full support through the house and we look forward to it passing through got Michael Greger O’Connor mr. speaker this is a piece of legislation going through which

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