National Defence Act

Marginal note:Jurisdiction

• 164 (1) A superior commander may try an accused person by summary trial if all of the following conditions are satisfied:

  • (a) the accused person is an officer below the rank of lieutenant-colonel or a non-commissioned member above the rank of sergeant;

  • (b) having regard to the gravity of the offence, the superior commander considers that his or her powers of punishment are adequate;

  • (c) if the accused person has the right to elect to be tried by court martial, the accused person has not elected to be so tried;

  • (d) the offence is not one that, according to regulations made by the Governor in Council, the superior commander is precluded from trying; and

  • (e) the superior commander does not have reasonable grounds to believe that the accused person is unfit to stand trial or was suffering from a mental disorder at the time of the commission of the alleged offence.

• Marginal note:Prohibition on presiding

  (2) Unless it is not practical, having regard to all the circumstances, for any other superior commander to conduct the summary trial, a superior commander may not preside at the summary trial of a person charged with an offence if

  • (a) the superior commander carried out or directly supervised the investigation of the offence;

  • (b) the summary trial relates to an offence in respect of which a warrant was issued under section 273.3 by the superior commander as a commanding officer; or

  • (c) the superior commander laid the charge or caused it to be laid.

• Marginal note:Exception

  (3) A superior commander may try an accused person who is of the rank of lieutenant-colonel by summary trial in any circumstances that are prescribed by the Governor in Council in regulations.

• Marginal note:Sentences

  (4) Subject to the conditions set out in Division 2 relating to punishments, a superior commander at a summary trial may pass a sentence in which any one or more of the following punishments may be included:

  • (a) severe reprimand;

  • (b) reprimand; and

  • (c) fine.