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

Act current to 2014-09-01 and last amended on 2014-08-18. Previous Versions

Initial Review

Marginal note:Review of report of custody
  •  (1) The custody review officer shall review the report of custody and the accompanying documents as soon as practicable after receiving them and in any case within forty-eight hours after the arrest of the person committed to custody.

  • Marginal note:Duty to release

    (2) After reviewing the report of custody and the accompanying documents, the custody review officer shall direct that the person committed to custody be released immediately unless the officer believes on reasonable grounds that it is necessary that the person be retained in custody, having regard to all the circumstances, including those set out in subsection 158(1).

  • 1998, c. 35, s. 42.
Marginal note:Continuing duty to release

 If, at any time after receiving the report of custody and before the person in custody is brought before a military judge, the custody review officer no longer believes that the grounds to retain the person in custody exist, the custody review officer shall direct that the person be released from custody.

  • 1998, c. 35, s. 42.
Marginal note:Duty to retain in custody if designated offence

 Notwithstanding subsection 158.2(2) and section 158.3, if the person in custody is charged with having committed a designated offence, the custody review officer shall direct that the person be retained in custody.

  • 1998, c. 35, s. 42.
Marginal note:Duty to review where charge not laid

 If a charge is not laid within seventy-two hours after the person in custody was arrested, the custody review officer shall determine why a charge has not been laid and reconsider whether it remains necessary to retain the person in custody.

  • 1998, c. 35, s. 42.
Marginal note:Release with or without conditions
  •  (1) The custody review officer may direct that the person be released without conditions or that the person be released and, as a condition of release, direct the person to comply with any of the following conditions:

    • (a) remain under military authority;

    • (b) report at specified times to a specified military authority;

    • (c) remain within the confines of a specified defence establishment or at a location within a geographical area;

    • (d) abstain from communicating with any witness or specified person, or refrain from going to any specified place; and

    • (e) comply with such other reasonable conditions as are specified.

  • Marginal note:Review

    (2) A direction to release a person with or without conditions may, on application, be reviewed by

    • (a) if the custody review officer is an officer designated by a commanding officer, that commanding officer; or

    • (b) if the custody review officer is a commanding officer, the next superior officer to whom the commanding officer is responsible in matters of discipline.

  • Marginal note:Powers

    (3) After giving a representative of the Canadian Forces and the released person an opportunity to be heard, the officer conducting the review may make any direction respecting conditions that a custody review officer may make under subsection (1).

  • 1998, c. 35, s. 42;
  • 2013, c. 24, s. 30(F).