National Defence Act
Marginal note:Appeal by person tried
230 Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:
(a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;
(a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code;
(b) the legality of any finding of guilty;
(c) the legality of the whole or any part of the sentence;
(d) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;
(e) the legality of a disposition made under section 201, 202 or 202.16;
(f) the legality of a decision made under any of subsections 196.14(1) to (3);
(g) the legality of a decision made under subsection 227.01(2);
(h) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;
(i) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;
(j) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or
(k) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3).
- R.S., 1985, c. N-5, s. 230
- 1991, c. 43, s. 21
- 2000, c. 10, s. 2
- 2007, c. 5, s. 5, c. 22, s. 45
- 2010, c. 17, s. 58
- 2011, c. 5, s. 8
- 2013, c. 24, s. 69
- Date modified: