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Court Martial Appeal Court Rules (SOR/86-959)

Regulations are current to 2020-11-17

SCHEDULE 3(Subsections 6(1), 12(2) and 13.1(3))Memorandum of Particulars

  • 1 A Memorandum of Particulars shall have the following heading:

(Court File No.)

COURT MARTIAL APPEAL COURT OF CANADA

BETWEEN:

(Name of Appellant or Applicant, as the case may be)

Appellant

orblank line

Applicant

-and-

(Name)

Respondent

MEMORANDUM OF PARTICULARS

  • 2 Information to be included, as applicable:

    • (a) the type, place and date of the proceedings before the court martial or hearing;

    • (b) the name, postal address and telephone number of the prosecutor;

    • (c) the name, postal address and telephone number of the defence counsel;

    • (d) the offence or offences charged;

    • (e) the statutory or other provisions on which the charge or charges are based;

    • (f) the plea at trial;

    • (g) the disposition by court martial or military judge;

    • (h) the date of the disposition; and

    • (i) the sentence imposed (and the sentence as modified, if applicable).

  • 3 Where the disposition under review or appeal is a disposition under Division 3 or 10 of Part III of the Act, attach a copy of any directions, orders and conditions and undertakings that are separate from the disposition referred to in paragraph 2(g).

  • 4 When the disposition has resulted in the detention of the person charged, include

    • (a) the name, postal address and telephone number of the institution where the person is being held; and

    • (b) the name and title of the warden, the superintendent or, as the case may be, the person in charge or command of the institution.

  • SOR/2001-91, s. 35
 
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