National Defence Act

Marginal note:Imprisonment or detention

• 148 (1) A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order

  • (a) that the sentence be served intermittently at the times specified in the order; and

  • (b) that the offender comply with any conditions prescribed in the order when the offender is not in confinement during the period during which the sentence is served.

• Marginal note:Application to vary intermittent sentence

  (2) An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions.

• Marginal note:New sentence of imprisonment or detention

  (3) If a court martial imposes a sentence of imprisonment or detention on an offender who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence is to be served on consecutive days unless the court martial orders otherwise.

• Marginal note:Hearing into breach of conditions

  (4) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under paragraph (1)(b) may be made by a military judge.

• Marginal note:Consequences of breach

  (5) If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may

  • (a) revoke the order made under subsection (1) and order that the offender serve the sentence on consecutive days; or

  • (b) vary any conditions imposed under paragraph (1)(b) and substitute or add other conditions as the military judge sees fit.