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

Act current to 2013-05-26 and last amended on 2013-02-28. Previous Versions

Review by Court Martial Appeal Court

Marginal note:Review of direction

  • 159.9 (1) At any time before the commencement of a person’s trial, a judge of the Court Martial Appeal Court may, on application, review any direction of a military judge under this Division to release the person from custody with or without an undertaking or to retain the person in custody.

  • Marginal note:Application of provisions

    (2) The provisions of this Division apply, with any modifications that the circumstances require, to any review under this section.

  • 1998, c. 35, s. 42.

Division 4

Commencement of Proceedings

Interpretation

Definition of “commanding officer”

160. In this Division, “commanding officer”, in respect of an accused person, means the commanding officer of the accused person and includes an officer who is empowered by regulations made by the Governor in Council to act as the commanding officer of the accused person.

  • R.S., 1985, c. N-5, s. 160;
  • R.S., 1985, c. 31 (1st Supp.), s. 60;
  • 1998, c. 35, s. 42.

Laying of Charge

Marginal note:Laying of charge

161. Proceedings against a person who is alleged to have committed a service offence are commenced by the laying of a charge in accordance with regulations made by the Governor in Council.

  • R.S., 1985, c. N-5, s. 161;
  • 1998, c. 35, s. 42.
Marginal note:Referral to commanding officer

161.1 After a charge is laid, it shall be referred to an officer who is a commanding officer in respect of the accused person.

  • 1998, c. 35, s. 42.

Duty to Act Expeditiously

Marginal note:Duty to act expeditiously

162. Charges laid under the Code of Service Discipline shall be dealt with as expeditiously as the circumstances permit.

  • R.S., 1985, c. N-5, s. 162;
  • 1998, c. 35, s. 42;
  • 2008, c. 29, s. 3.
Previous Version

Right to Trial by Court Martial

Marginal note:Election

162.1 Except in the circumstances prescribed in regulations made by the Governor in Council, an accused person who is triable by summary trial has the right to elect to be tried by court martial.

  • 1998, c. 35, s. 42.
Marginal note:Referral of charge

162.2 When an accused person elects to be tried by court martial, the charge in respect of the accused person shall be referred to the Director of Military Prosecutions in accordance with regulations made by the Governor in Council.

  • 1998, c. 35, s. 42.