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National Defence Act

Version of section 215 from 2022-06-20 to 2024-05-01:


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 court martial that imposes the punishment or, if the offender’s sentence is affirmed, is substituted or is imposed on appeal, by the Court Martial Appeal Court.

  • Marginal note:Consideration of victim’s safety and security

    (1.1) If the court martial or the Court Martial Appeal Court, as the case may be, makes a decision that the execution of the punishment be suspended, it shall include in the decision a statement that it has considered the safety and security of every victim of the offence.

  • Marginal note:Copy to victim

    (1.2) The court martial or the Court Martial Appeal Court, as the case may be, shall, on request by a victim of the offence, cause a copy of the decision to be given to the victim.

  • Marginal note:Conditions

    (2) In suspending the execution of a punishment, the court martial 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 paragraph 215.2(1)(a) or (b); and

    • (c) in the case of an offender 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) The court martial or the Court Martial Appeal Court may, in addition to the conditions described in subsection (2), impose any reasonable conditions.

  • R.S., 1985, c. N-5, s. 215
  • 1998, c. 35, s. 60
  • 2013, c. 24, s. 64
  • 2019, c. 15, s. 34
  • 2019, c. 15, s. 63

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