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National Defence Act

Version of section 164.1 from 2003-01-01 to 2022-06-19:

Marginal note:When no summary trial

  •  (1) A superior commander who determines that a charge should proceed but who does not try an accused person by summary trial shall refer the charge, in accordance with regulations made by the Governor in Council, to

    • (a) another officer who has jurisdiction to try the accused person by summary trial; or

    • (b) an officer who is authorized by regulations made by the Governor in Council to refer charges to the Director of Military Prosecutions.

  • Marginal note:Subsequent proceedings not precluded

    (2) A decision by a superior commander that a charge should not proceed does not preclude proceeding with the charge at any subsequent time.

  • Marginal note:Charge may be referred

    (3) If a superior commander decides that a charge should not be proceeded with, the person who laid the charge may, in circumstances prescribed by the Governor in Council in regulations, refer it to an officer referred to in paragraph (1)(b).

  • 1998, c. 35, s. 42

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