National Defence Act

Version of section 196 from 2003-01-01 to 2008-07-17:

Marginal note:Death or incapacity to continue of judge
  •  (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

    (2) If the court martial has not pronounced its finding before the presiding military judge dies or becomes unable to continue, the replacement judge

    • (a) in the case of a General Court Martial or Disciplinary Court Martial, may order that the court martial

      • (i) continue from the stage at which it was when it was deemed to be adjourned, or

      • (ii) commence again, at the stage immediately following the plea of the accused person, as if no evidence had been taken; and

    • (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

    (3) In the case of a court martial continued under subparagraph (2)(a)(i),

    • (a) if an adjudication was made before the adjournment but no order was made, the replacement judge shall make any order that is authorized by law and required in the circumstances; and

    • (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

    (4) If the court martial pronounced its finding before the presiding military judge died or became unable to continue, the replacement judge shall determine the sentence.

  • R.S., 1985, c. N-5, s. 196;
  • 1998, c. 35, s. 47.
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