National Defence Act

Marginal note:Appeal against disposition

240.3 On the hearing of an appeal respecting the legality of a disposition made under section 201, 202 or 202.16, the Court Martial Appeal Court may, where it allows the appeal, set aside the disposition and

• (a) make any disposition under section 201 or 202.16 that the court martial could have made;

• (b) except in the case of a disposition made by a General Court Martial or a Disciplinary Court Martial, remit the matter to the court martial for a re-hearing, in whole or in part, in accordance with any directions that the Court considers appropriate; or

• (c) make any other order that justice requires.