National Defence Act
Marginal note:Death or incapacity to continue of judge
196 (1) Where the military judge presiding at a court martial dies or is for any reason unable to continue, the proceedings of the court martial are deemed to be adjourned. The proceedings may be continued with another military judge, in this section referred to as the “replacement judge”, assigned by the Chief Military Judge.
Marginal note:When finding not pronounced
(b) in the case of a Standing Court Martial or Special General Court Martial, shall commence the court martial again at the stage immediately following the plea of the accused person, as if no evidence had been taken.
Marginal note:Adjudications and evidence
(b) if any evidence was adduced before the adjournment, the evidence is deemed to have been adduced before the replacement judge but, if the prosecutor and the accused so agree, any part of that evidence may be adduced again.
Marginal note:When finding pronounced
- R.S., 1985, c. N-5, s. 196;
- 1998, c. 35, s. 47.
- Date modified: