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National Defence Act

Version of section 164 from 2003-01-01 to 2008-07-17:

Marginal note:Jurisdiction

  •  (1) A superior commander may try an accused person by summary trial if all of the following conditions are satisfied:

    • (a) the accused person is an officer below the rank of lieutenant-colonel or a non-commissioned member above the rank of sergeant;

    • (b) having regard to the gravity of the offence, the superior commander considers that his or her powers of punishment are adequate;

    • (c) if the accused person has the right to elect to be tried by court martial, the accused person has not elected to be so tried;

    • (d) the offence is not one that, according to regulations made by the Governor in Council, the superior commander is precluded from trying; and

    • (e) the superior commander does not have reasonable grounds to believe that the accused person is unfit to stand trial or was suffering from a mental disorder at the time of the commission of the alleged offence.

  • Marginal note:Prohibition on presiding

    (2) Unless it is not practical, having regard to all the circumstances, for any other superior commander to conduct the summary trial, a superior commander may not preside at the summary trial of a person charged with an offence if

    • (a) the superior commander carried out or directly supervised the investigation of the offence;

    • (b) the summary trial relates to an offence in respect of which a warrant was issued under section 273.3 by the superior commander as a commanding officer; or

    • (c) the superior commander laid the charge or caused it to be laid.

  • Marginal note:Exception

    (3) A superior commander may try an accused person who is of the rank of lieutenant-colonel by summary trial in any circumstances that are prescribed by the Governor in Council in regulations.

  • Marginal note:Sentences

    (4) Subject to the conditions set out in Division 2 relating to punishments, a superior commander at a summary trial may pass a sentence in which any one or more of the following punishments may be included:

    • (a) severe reprimand;

    • (b) reprimand; and

    • (c) fine.

  • R.S., 1985, c. N-5, s. 164
  • R.S., 1985, c. 31 (1st Supp.), s. 60
  • 1991, c. 43, s. 15
  • 1998, c. 35, s. 42
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