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

Act current to 2013-05-26 and last amended on 2013-02-28. Previous Versions

Marginal note:Postponing trial of issue

  • 199. (1) Where the trial of an issue referred to in subsection 198(2) arises before the close of the case for the prosecution, the court martial may postpone directing the trial of the issue until a time not later than the opening of the case for the defence or, on motion of the accused person, such later time as the court martial may direct.

  • Marginal note:Issue not tried

    (2) Where a court martial postpones directing the trial of an issue pursuant to subsection (1) and the accused person is found not guilty or proceedings are otherwise terminated, the issue shall not be tried.

  • R.S., 1985, c. N-5, s. 199;
  • 1991, c. 43, s. 18.
Marginal note:Trial proceeds where accused fit to stand trial

  • 200. (1) Where the finding of a court martial on trial of the issue is that an accused person is fit to stand trial, the court martial shall continue its proceedings as if the issue of fitness had never arisen.

  • Marginal note:Procedure where accused unfit to stand trial

    (2) Where the finding on trial of the issue is that an accused person is unfit to stand trial, the court martial shall

    • (a) set aside any plea that has been made; and

    • (b) hold a hearing and make a disposition under section 201 in respect of the accused person if it is satisfied that it can readily do so and that a disposition should be made without delay.

  • Marginal note:Order for assessment

    (3) Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under subsection (2) or under section 202, the court martial may make an order for an assessment of the accused person.

  • R.S., 1985, c. N-5, s. 200;
  • 1991, c. 43, s. 18;
  • 2005, c. 22, s. 61(F).
Previous Version
Marginal note:Disposition

  • 201. (1) Where a court martial makes a disposition pursuant to subsection 200(2), it shall, taking into consideration the need to protect the public from dangerous persons, the mental condition of the accused person, the reintegration of the accused person into society and the other needs of the accused person, make one of the following dispositions that is the least onerous and least restrictive to the accused person:

    • (a) by order, direct that the accused person be released from custody subject to such conditions as the court martial considers appropriate; or

    • (b) by order, direct that the accused person be detained in custody in a hospital or other appropriate place determined by the court martial, subject to such conditions as the court martial considers appropriate.

  • Marginal note:Treatment not a condition

    (2) No order made under subsection (1) shall direct that any psychiatric or other treatment of the accused person be carried out or direct that the accused person submit to such treatment, except that the order may include a condition regarding psychiatric or other treatment where the accused person has consented to the condition and the court martial considers the condition to be reasonable and necessary in the interests of the accused person.

  • R.S., 1985, c. N-5, s. 201;
  • 1991, c. 43, s. 18;
  • 1997, c. 18, s. 130.