National Defence Act

Marginal note:Conditions for custody

• 202.17 (1) An accused person shall not be placed in custody under an assessment order made by a court martial under this Division unless

  • (a) the court martial is satisfied that on the evidence custody is necessary to assess the accused person, or that on the evidence of a medical practitioner custody is desirable to assess the accused person and the accused person consents to custody;

  • (b) custody of the accused person is required in respect of any other matter or by virtue of any other provision of this Act or the Criminal Code; or

  • (c) the prosecutor, having been given a reasonable opportunity to do so, shows that the detention of the accused person in custody is justified having regard to all the circumstances, including those set out in paragraphs 158(1)(a) to (e).

• Marginal note:Report of medical practitioner in writing

  (2) For the purposes of subparagraph (1)(a), where the prosecutor and the accused person agree, the evidence of a medical practitioner may be in the form of a report in writing.

• Marginal note:No treatment order on assessment

  (3) No assessment order made under this Division shall direct that any psychiatric or other treatment of an accused person be carried out or direct that the accused person submit to such treatment.