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National Defence Act

Version of section 215 from 2018-09-01 to 2022-06-19:

Marginal note:Suspension of execution of punishment

  •  (1) If an offender is sentenced to imprisonment or detention, the execution of the punishment may be suspended by the service tribunal that imposes the punishment or, if the offender’s sentence is affirmed or substituted on appeal, by the Court Martial Appeal Court.

  • Marginal note:Conditions

    (2) In suspending the execution of a punishment, the service tribunal or the Court Martial Appeal Court, as the case may be, shall impose the following conditions on the offender:

    • (a) to keep the peace and be of good behaviour;

    • (b) to attend any hearing under section 215.2 when ordered to do so by the appropriate person referred to in any of paragraphs 215.2(1)(a) to (c); and

    • (c) in the case of a person who is not an officer or a non-commissioned member, to notify the Provost Marshal in advance of any change of name or address, and to promptly notify the Provost Marshal of any change of employment or occupation.

  • Marginal note:Other conditions

    (3) A service tribunal or the Court Martial Appeal Court may, in addition to the conditions described in subsection (2), impose any reasonable conditions.

  • Marginal note:Term if suspended punishment put into execution

    (4) If a punishment that has been suspended under subsection (1) is put into execution, the term of the punishment is deemed to commence on the day on which it is put into execution, but there shall be deducted from the term any time during which the offender has been incarcerated following the pronouncement of the sentence.

  • R.S., 1985, c. N-5, s. 215
  • 1998, c. 35, s. 60
  • 2013, c. 24, s. 64

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