National Defence Act

Marginal note:Finding of not responsible on account of mental disorder

• 202.14 (1) Where a court martial finds that an accused person committed the act or made the omission that formed the basis of the offence charged, but was at the time suffering from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed that act or made the omission but is not responsible on account of mental disorder (referred to in this Act as a finding of not responsible on account of mental disorder).

• Marginal note:Effects

  (2) Where a finding of not responsible on account of mental disorder is made, the accused person shall not be found guilty or convicted of the offence, but

  • (a) the accused person may not be tried or tried again in respect of that offence or any other substantially similar offence arising out of the facts that gave rise to that offence;

  • (b) any civil court may take into account the finding in considering any application for judicial interim release or in considering the dispositions to make or sentence to impose against that person for any other offence;

  • (c) any service tribunal or the Court Martial Appeal Court may consider the finding in considering an application for release pending appeal under Division 10 or in considering the dispositions to make or sentence to impose against that person for any other offence;

  • (d) [Repealed, 1998, c. 35, s. 51]

  • (e) the finding may be considered in making an order under Division 3 in respect of that person;

  • (f) the finding may be considered in determining, under section 249.13 or 249.14, whether to substitute, mitigate, commute or remit a punishment included in a sentence imposed against that person for any other offence;

  • (g) the finding does not include a finding or determination respecting civil liability; and

  • (h) the National Parole Board or any provincial parole board may take the finding into account in considering an application by that person for parole or pardon in respect of any other offence.

• Marginal note:Finding not previous conviction

  (3) A finding of not responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act for which a greater punishment is prescribed by reason of previous convictions.