National Defence Act

Marginal note:Definition of “justice”

• 202.23 (1) In this section, justice means a justice as defined in section 2 of the Criminal Code.

• Marginal note:Arrest without warrant for contravention of disposition

  (2) An officer or a non-commissioned member appointed for the purposes of section 156, or any other peace officer within the meaning of the Criminal Code, who has reasonable grounds to believe that an accused person

  • (a) is at large contrary to the terms of a disposition made by a court martial under section 201, 202 or 202.16 or by a Review Board, or

  • (b) has contravened or wilfully failed to comply with the disposition or any condition thereof, or is about to do so,

  may arrest the accused person without a warrant.

• Marginal note:Accused person brought before justice or commanding officer

  (3) An accused person arrested pursuant to subsection (2) shall be dealt with in accordance with the following provisions:

  • (a) where a justice having jurisdiction in the territorial division in which the accused person is arrested or a commanding officer is available within a period of twenty-four hours after the arrest, the accused person shall be taken before the justice or commanding officer without unreasonable delay and in any event within that period; and

  • (b) where a justice having jurisdiction in the territorial division in which the accused person is arrested or a commanding officer is not available within a period of twenty-four hours after the arrest, the accused person shall be taken before a justice or a commanding officer as soon as is practicable thereafter.

• Marginal note:Order pending decision of Review Board

  (4) If a justice or a commanding officer before whom an accused person is taken pursuant to subsection (3) is satisfied that there are reasonable grounds to believe that the accused person has contravened or failed to comply with a disposition, the justice or commanding officer may make an order that is appropriate in the circumstances in relation to the accused person, pending a hearing of the Review Board of the appropriate province, and shall cause notice of that order to be given to that Review Board.

• Marginal note:Powers of Review Board

  (5) Where a Review Board receives a notice pursuant to subsection (4), it may exercise the powers and shall perform the duties referred to in the Criminal Code in respect of the accused person as if the Review Board were conducting a review of a disposition.