National Defence Act

Marginal note:Absolute discharge

• 203.8 (1) If an accused person pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years or for life, the court martial before which the accused appears may, if it considers it to be in the accused person’s best interests and not contrary to the public interest, instead of convicting the accused person, direct that they be discharged absolutely.

• Marginal note:Effect of discharge

  (2) If a court martial directs that an offender be discharged absolutely of an offence, the offender is deemed not to have been convicted of the offence, except that

  • (a) they may appeal from the determination of guilt as if it were a conviction in respect of the offence;

  • (b) the Minister may appeal from the decision not to convict the offender of the offence as if that decision were a finding of not guilty in respect of the offence; and

  • (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence.

• Marginal note:References to section 730 of Criminal Code

  (3) A reference in any Act of Parliament to a discharge under section 730 of the Criminal Code is deemed to include an absolute discharge under subsection (1).