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

Act current to 2014-09-29 and last amended on 2014-08-18. Previous Versions

Authority to Arrest

Marginal note:General authority
  •  (1) Every person who has committed, is found committing or is believed on reasonable grounds to have committed a service offence, or who is charged with having committed a service offence, may be placed under arrest.

  • Marginal note:Reasonably necessary force

    (2) Every person authorized to effect arrest under this Division may use such force as is reasonably necessary for that purpose.

  • R.S., 1985, c. N-5, s. 154;
  • R.S., 1985, c. 31 (1st Supp.), s. 48;
  • 1998, c. 35, s. 92.
Marginal note:Powers of officers
  •  (1) An officer may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of

    • (a) any non-commissioned member;

    • (b) any officer of equal or lower rank; and

    • (c) any officer of higher rank who is engaged in a quarrel, fray or disorder.

  • Marginal note:Powers of non-commissioned members

    (2) A non-commissioned member may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of

    • (a) any non-commissioned member of lower rank; and

    • (b) any non-commissioned member of equal or higher rank who is engaged in a quarrel, fray or disorder.

  • Marginal note:Arrest of persons other than officers or non-commissioned members

    (3) Every person who is not an officer or non-commissioned member but who was subject to the Code of Service Discipline at the time of the alleged commission by that person of a service offence may, without a warrant, be arrested or ordered to be arrested by such person as any commanding officer may designate for that purpose.

  • R.S., 1985, c. N-5, s. 155;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Powers of military police

 Officers and non-commissioned members who are appointed as military police under regulations for the purposes of this section may

  • (a) detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the person’s rank or status, who has committed, is found committing, is believed on reasonable grounds to be about to commit or to have committed a service offence or who is charged with having committed a service offence; and

  • (b) exercise such other powers for carrying out the Code of Service Discipline as are prescribed in regulations made by the Governor in Council.

  • R.S., 1985, c. N-5, s. 156;
  • R.S., 1985, c. 31 (1st Supp.), ss. 49, 60;
  • 1998, c. 35, s. 41.
Marginal note:Issue of warrants
  •  (1) Subject to subsection (2), every commanding officer, and every officer to whom the power of trying a charge summarily has been delegated under subsection 163(4), may by a warrant under his hand authorize any person to arrest any other person triable under the Code of Service Discipline who

    • (a) has committed,

    • (b) is believed on reasonable grounds to have committed, or

    • (c) is charged under this Act with having committed

    a service offence.

  • Marginal note:Limitation

    (2) An officer authorized to issue a warrant under this section shall not, unless the officer has certified on the face of the warrant that the exigencies of the service so require, issue a warrant for the arrest of any officer of rank higher than the rank held by the officer so authorized.

  • Marginal note:Contents of warrants

    (3) In any warrant issued under this section, the offence in respect of which the warrant is issued shall be stated and the names of more persons than one in respect of the same offence, or several offences of the same nature, may be included.

  • Marginal note:Saving provision

    (4) Nothing in this section shall be deemed to be in derogation of the authority that any person, including an officer or non-commissioned member, may have under other sections of this Act or otherwise under the law of Canada to arrest any other person without a warrant.

  • R.S., 1985, c. N-5, s. 157;
  • R.S., 1985, c. 31 (1st Supp.), ss. 50, 60.