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National Defence Act

Version of section 66 from 2022-06-20 to 2024-05-01:


Marginal note:Autrefois acquit and autrefois convict

  •  (1) A person may not be tried or tried again in respect of an offence or any other substantially similar offence arising out of the facts that gave rise to the offence if, while subject to the Code of Service Discipline in respect of that offence, or if, while liable to be charged, dealt with and tried under the Code in respect of that offence, the person

    • (a) has been found not guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence; or

    • (b) has been found guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence and has been either punished in accordance with the sentence or discharged absolutely or on conditions.

  • Marginal note:Exception

    (2) Nothing in subsection (1) affects the validity of a new trial held under section 249 or a new trial directed by a court having jurisdiction to do so.

  • Marginal note:Effect of other offences admitted at previous trial

    (3) A person who, under section 194, has been sentenced in respect of a service offence admitted by that person may not be tried by a court martial or civil court in respect of that offence.

  • R.S., 1985, c. N-5, s. 66
  • R.S., 1985, c. 31 (1st Supp.), s. 45
  • 1998, c. 35, s. 20
  • 2013, c. 24, s. 14
  • 2019, c. 15, s. 5
  • 2019, c. 15, s. 63

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