National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2013-05-26 and last amended on 2013-02-28. Previous Versions

Court Martial Administrator

Marginal note:Appointment

165.18 There shall be a person appointed to be the Court Martial Administrator.

  • 1998, c. 35, s. 42.
Marginal note:Duties

  • 165.19 (1) The Court Martial Administrator performs the duties specified in sections 165.191 to 165.193 and, if he or she convenes a General Court Martial, shall appoint its members.

  • Marginal note:Other duties

    (2) The Court Martial Administrator performs such other duties as may be specified by this Act or prescribed by the Governor in Council in regulations.

  • Marginal note:Relationship to Chief Military Judge

    (3) The Court Martial Administrator acts under the general supervision of the Chief Military Judge.

  • 1998, c. 35, s. 42;
  • 2008, c. 29, s. 7.
Previous Version
Marginal note:Convening General Court Martial

  • 165.191 (1) The Court Martial Administrator shall convene a General Court Martial if any charge preferred against an accused person on a charge sheet is

    • (a) an offence under this Act, other than under section 130 or 132, that is punishable by imprisonment for life;

    • (b) an offence punishable under section 130 that is punishable by imprisonment for life; or

    • (c) an offence punishable under section 130 that is referred to in section 469 of the Criminal Code.

  • Marginal note:Consent to be tried by Standing Court Martial

    (2) An accused person who is charged with an offence referred to in subsection (1) may, with the written consent of the accused person and that of the Director of Military Prosecutions, be tried by Standing Court Martial.

  • Marginal note:Withdrawal of consent

    (3) The consent given under subsection (2) may not be withdrawn unless both the accused and the Director of Military Prosecutions agree in writing to the withdrawal.

  • 2008, c. 29, s. 8.
Marginal note:Convening Standing Court Martial

165.192 The Court Martial Administrator shall convene a Standing Court Martial if every charge preferred against an accused person on a charge sheet is

  • (a) an offence under this Act, other than under section 130, that is punishable by imprisonment for less than two years or by a punishment that is lower in the scale of punishments; or

  • (b) an offence that is punishable under section 130 and is punishable on summary conviction under any Act of Parliament.

  • 2008, c. 29, s. 8.