National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Marginal note:Royal prerogative

 Nothing in this Division in any manner limits or affects Her Majesty’s royal prerogative of mercy.

  • 1998, c. 35, s. 82.

Quashing of Findings

Marginal note:Authority to quash
  •  (1) Any finding of guilty made by a service tribunal may be quashed by a review authority.

  • Marginal note:Effect of complete quashing

    (2) Where no other finding of guilty remains after a finding of guilty has been quashed under subsection (1), the whole of the sentence ceases to have force and effect and the person who had been found guilty may be tried as if no previous trial had been held.

  • Marginal note:Effect of partial quashing

    (3) Where another finding of guilty remains after a finding of guilty has been quashed under subsection (1) and any punishment included in the sentence is in excess of the punishment authorized in respect of any remaining finding of guilty or is, in the opinion of the review authority that made the decision to quash, unduly severe, the review authority shall substitute for that punishment any new punishment or punishments that it considers appropriate.

  • 1998, c. 35, s. 82.

Substitution of Findings

Marginal note:Substitution of illegal and unsubstantiated findings
  •  (1) A review authority may substitute a new finding for any finding of guilty that is made by a service tribunal and that is illegal or cannot be supported by the evidence if the new finding could validly have been made on the charge to which the new finding relates and it appears that the service tribunal was satisfied of the facts establishing the offence specified or involved in the new finding.

  • Marginal note:Substitution of finding in relation to other offence

    (2) A review authority may substitute for a finding of guilty made by a service tribunal a new finding of guilty of an offence, other than that of which the service tribunal found the offender guilty, if it appears that the facts proved the offender guilty of the other offence and the service tribunal could have found the offender guilty of the other offence on the charge under section 133, 134 or 136 or on any alternative charge that was laid.

  • Marginal note:Effect on sentence

    (3) Where a new finding has been substituted under this section for a finding made by a service tribunal and any punishment included in the sentence passed by the service tribunal is in excess of the punishment authorized in respect of the new finding or is, in the opinion of the review authority that substituted the new finding, unduly severe, the review authority shall substitute for that punishment any new punishment or punishments that it considers appropriate.

  • 1998, c. 35, s. 82.

Substitution of Punishments

Marginal note:Authority to substitute punishment

 A review authority may substitute for a sentence passed by a service tribunal in which is included an illegal punishment any new punishment or punishments that it considers appropriate.

  • 1998, c. 35, s. 82.