National Defence Act

Marginal note:Preferring charges

• 165.12 (1) When a charge is referred to the Director of Military Prosecutions, the Director of Military Prosecutions may

  • (a) prefer the charge; or

  • (b) prefer any other charge that is founded on facts disclosed by evidence in addition to or in substitution for the charge.

• Marginal note:Irregularity, informality or defect

  (1.1) The validity of a charge preferred by the Director of Military Prosecutions is not affected by any irregularity, informality or defect in the charge referred to the Director.

• Marginal note:Withdrawing charges

  (2) The Director of Military Prosecutions may withdraw a charge that has been preferred, but if a trial by court martial has commenced, the Director of Military Prosecutions may do so only with leave of the court martial.

• Marginal note:Effect of withdrawing charge

  (3) Withdrawing a charge does not preclude it from being proceeded with at any subsequent time.

• Marginal note:Effect of not preferring charge

  (4) A decision not to prefer a charge does not preclude the charge from being preferred at any subsequent time.