National Defence Act
Marginal note:Hearing into breach of conditions
215.2 (1) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under section 215 may be made by
(a) the offender’s commanding officer, in the case of a condition imposed by a summary trial;
(b) a military judge, in the case of a condition imposed by a court martial; or
(c) a judge of the Court Martial Appeal Court, in the case of a condition imposed by that Court.
Marginal note:Revocation of suspension or changes to conditions
(2) If a person referred to in any of paragraphs (1)(a) to (c) determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the person may
(a) revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so; or
(b) vary any conditions imposed under subsection 215(3) or section 215.1 and add or substitute other conditions as he or she sees fit.
- 2013, c. 24, s. 64
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