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National Defence Act

Version of section 163 from 2018-09-01 to 2022-06-19:

Marginal note:Jurisdiction

  •  (1) A commanding officer may try an accused person by summary trial if all of the following conditions are satisfied:

    • (a) the accused person is either an officer cadet or a non-commissioned member below the rank of warrant officer;

    • (b) having regard to the gravity of the offence, the commanding officer considers that his or her powers of punishment are adequate;

    • (c) if the accused person has the right to elect to be tried by court martial, the accused person has not elected to be so tried;

    • (d) the offence is not one that, according to regulations made by the Governor in Council, the commanding officer is precluded from trying; and

    • (e) the commanding officer does not have reasonable grounds to believe that the accused person is unfit to stand trial or was suffering from a mental disorder at the time of the commission of the alleged offence.

  • Marginal note:Limitation periods

    (1.1) A commanding officer may not try an accused person by summary trial unless the charge is laid within six months after the day on which the service offence is alleged to have been committed and the summary trial commences within one year after that day.

  • Marginal note:Waiver

    (1.2) The accused person may, in accordance with regulations made by the Governor in Council, waive the application of subsection (1.1).

  • Marginal note:Prohibition on presiding

    (2) Unless it is not practical, having regard to all the circumstances, for any other commanding officer to conduct the summary trial, a commanding officer may not preside at the summary trial of a person charged with an offence if

    • (a) the commanding officer carried out or directly supervised the investigation of the offence;

    • (b) the summary trial relates to an offence in respect of which a warrant was issued under section 273.3 by the commanding officer; or

    • (c) the commanding officer laid the charge or caused it to be laid.

  • Marginal note:Sentences

    (3) Subject to the conditions set out in Division 2 relating to punishments, a commanding officer at a summary trial may pass a sentence in which any one or more of the following punishments may be included:

    • (a) detention for a period not exceeding thirty days;

    • (b) reduction in rank by one rank;

    • (c) severe reprimand,

    • (d) reprimand,

    • (e) a fine not exceeding basic pay for one month, and

    • (f) minor punishments.

  • Marginal note:Delegation

    (4) A commanding officer may, subject to regulations made by the Governor in Council and to the extent that the commanding officer deems fit, delegate powers to try an accused person by summary trial to any officer under the commanding officer’s command, but an officer to whom powers are delegated may not be authorized to impose punishments other than the following:

    • (a) detention not exceeding fourteen days;

    • (b) severe reprimand;

    • (c) reprimand;

    • (d) a fine not exceeding basic pay for fifteen days; and

    • (e) minor punishments.

  • R.S., 1985, c. N-5, s. 163
  • R.S., 1985, c. 31 (1st Supp.), ss. 53, 60
  • 1991, c. 43, s. 14
  • 1998, c. 35, s. 42
  • 2008, c. 29, s. 4
  • 2013, c. 24, s. 35

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