National Defence Act

Marginal note:Court may direct release

• 248.3 (1) On hearing an application to be released from detention or imprisonment, the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, may direct that the person making the application be released as provided for in sections 248.1 and 248.2 if the person establishes

  • (a) in the case of an application under section 248.1,

    • (i) that the person intends to appeal,

    • (ii) if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment,

    • (iii) that the person will surrender himself into custody when directed to do so, and

    • (iv) that the person’s detention or imprisonment is not necessary in the interest of the public or the Canadian Forces; or

  • (b) in the case of an application under section 248.2,

    • (i) that the appeal is not frivolous,

    • (ii) if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment,

    • (iii) that the person will surrender himself into custody when directed to do so, and

    • (iv) that the person’s detention or imprisonment is not necessary in the interest of the public or the Canadian Forces.

• Marginal note:Consideration of victim’s safety and security

  (2) If the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, directs that the person be released, the court martial, military judge or judge shall include in the direction a statement that the safety and security of every victim of the alleged offence has been considered.

• Marginal note:Copy to victim

  (3) The court martial, military judge or judge, as the case may be, shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim.