National Defence Act (R.S.C., 1985, c. N-5)
Full Document:
Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions
171. [Repealed, 2008, c. 29, s. 10]
172. [Repealed, 2008, c. 29, s. 10]
Standing Courts Martial
Marginal note:Jurisdiction
173. A Standing Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence.
- R.S., 1985, c. N-5, s. 173;
- 1992, c. 16, s. 6;
- 1998, c. 35, s. 42;
- 2008, c. 29, s. 11.
Marginal note:Composition
174. Every military judge is authorized to preside at a Standing Court Martial, and a military judge who does so constitutes the Standing Court Martial.
- R.S., 1985, c. N-5, s. 174;
- 1992, c. 16, s. 6;
- 1998, c. 35, s. 42.
Marginal note:Punishment limitation
175. A Standing Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine.
- R.S., 1985, c. N-5, s. 175;
- 1991, c. 43, s. 16;
- 1998, c. 35, s. 42;
- 2008, c. 29, s. 12.
176. [Repealed, 2008, c. 29, s. 12]
177. [Repealed, 2008, c. 29, s. 12]
178. [Repealed, 2008, c. 29, s. 12]
Powers
Marginal note:Courts martial
179. (1) A court martial has the same powers, rights and privileges as are vested in a superior court of criminal jurisdiction with respect to
(a) the attendance, swearing and examination of witnesses;
(b) the production and inspection of documents;
(c) the enforcement of its orders; and
(d) all other matters necessary or proper for the due exercise of its jurisdiction, including the power to punish for contempt.
Marginal note:Military judges
(2) Subsection (1) applies to a military judge performing a judicial duty under this Act other than presiding at a court martial.
- R.S., 1985, c. N-5, s. 179;
- R.S., 1985, c. 31 (1st Supp.), s. 56;
- 1998, c. 35, s. 42.
- Date modified:
