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National Defence Act

Version of section 165.12 from 2018-09-01 to 2024-05-28:


Marginal note:Preferring charges

  •  (1) When a charge is referred to the Director of Military Prosecutions, the Director of Military Prosecutions may

    • (a) prefer the charge; or

    • (b) prefer any other charge that is founded on facts disclosed by evidence in addition to or in substitution for the charge.

  • Marginal note:Irregularity, informality or defect

    (1.1) The validity of a charge preferred by the Director of Military Prosecutions is not affected by any irregularity, informality or defect in the charge referred to the Director.

  • Marginal note:Withdrawing charges

    (2) The Director of Military Prosecutions may withdraw a charge that has been preferred, but if a trial by court martial has commenced, the Director of Military Prosecutions may do so only with leave of the court martial.

  • Marginal note:Effect of withdrawing charge

    (3) Withdrawing a charge does not preclude it from being proceeded with at any subsequent time.

  • Marginal note:Effect of not preferring charge

    (4) A decision not to prefer a charge does not preclude the charge from being preferred at any subsequent time.

  • 1998, c. 35, s. 42
  • 2013, c. 24, s. 39

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