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

Marginal note:Non-appearance of accused

249.23 Where an accused person has been duly summoned or ordered to appear before a court martial, the court martial may issue a warrant in the form prescribed in regulations made by the Governor in Council for the arrest of the accused person if the accused person

• (a) fails to appear as summoned or ordered; or

• (b) having appeared before the court martial, fails to attend before the court martial as required.

Marginal note:Force and effect

249.24 Where a new punishment, by reason of substitution or commutation, replaces a punishment imposed by a service tribunal, the new punishment has force and effect as if it had been imposed by the service tribunal in the first instance and the provisions of the Code of Service Discipline apply accordingly but, where the new punishment involves incarceration, the term of the new punishment shall be reckoned from the date of substitution or commutation, as the case may be.

Marginal note:Restitution of property in case of conviction

• 249.25 (1) Where a person is convicted of an offence under the Code of Service Discipline, the service tribunal shall order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the service tribunal or has been detained so that it can be immediately restored under the order to the person so entitled.

• Marginal note:Restitution where no conviction, but offence committed

  (2) Where an accused person is tried for an offence but is not convicted and it appears to the service tribunal that an offence has been committed, the service tribunal may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the service tribunal or has been detained so that it can be immediately restored under the order to the person so entitled.

• Marginal note:Exceptions

  (3) An order shall not be made in respect of

  • (a) property to which an innocent purchaser for value has acquired lawful title;

  • (b) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it; or

  • (c) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed.

• Marginal note:Execution of order for restitution

  (4) An order made under this section shall be executed by the persons by whom the process of the service tribunal is ordinarily executed.