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National Defence Act

Version of section 204 from 2022-06-20 to 2022-11-16:


Marginal note:Commencement of term

  •  (1) Subject to subsections (3) and 148(1) and sections 215 to 217, the term of a punishment of imprisonment or detention shall commence on the day on which the court martial pronounces sentence on the offender.

  • Marginal note:Time counted

    (2) The only time that shall be reckoned toward the completion of a term of a punishment of imprisonment or detention shall be the time that the offender spends in civil custody or service custody while under the sentence in which that punishment is included.

  • Marginal note:Special case

    (3) Where a punishment referred to in subsection (2) cannot lawfully be carried out by reason of a vessel being at sea or in a port at which there is no suitable place of incarceration, the offender shall as soon as practicable, having regard to the exigencies of the service, be sent to a place where the punishment can lawfully be carried out, and the period of time prior to the date of arrival of the offender at that place shall not be reckoned toward the completion of the term of the punishment.

  • R.S., 1985, c. N-5, s. 204
  • 1998, c. 35, s. 57
  • 2013, c. 24, s. 63
  • 2019, c. 15, s. 46
  • 2019, c. 15, s. 63
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