Government of Canada / Gouvernement du Canada
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National Defence Act

Version of section 202.12 from 2008-07-18 to 2018-08-31:

Marginal note:Prima facie case

  •  (1) If a finding of unfit to stand trial is made by a court martial in respect of an accused person, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to hold an inquiry and determine whether sufficient admissible evidence can be adduced at that time to put the accused person on trial

    • (a) not later than two years after that finding and every two years thereafter until the accused person is tried or found not guilty in respect of the offence; or

    • (b) at any other time that the Chief Military Judge may order, where the Chief Military Judge is satisfied on the basis of an application and any other written material submitted by the accused person that there is reason to doubt that there is a prima facie case against the accused person.

  • Marginal note:Extension of time for holding inquiry

    (1.1) Despite paragraph (1)(a), the Chief Military Judge may extend the period for holding an inquiry if the Chief Military Judge is satisfied on the basis of an application by the Director of Military Prosecutions or the accused person that the extension is necessary for the proper administration of justice.

  • Marginal note:Where prima facie case not made

    (2) If, on the completion of an inquiry held pursuant to this section, the court martial is satisfied that sufficient admissible evidence cannot be adduced to put the accused person on trial, the court martial shall find the accused person not guilty of the charge.

  • 1991, c. 43, s. 18
  • 1993, c. 34, s. 94(F)
  • 1997, c. 18, s. 132
  • 1998, c. 35, s. 50
  • 2005, c. 22, ss. 48, 61(F)
  • 2008, c. 29, s. 18

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