Military Sentencing: Difference between revisions
m Text replacement - "2012, c. 1," to "{{LegHistory10s|2012, c. 1}}," |
m Text replacement - "1998, c. 35," to "{{LegHistory90s|1998, c. 35}}," |
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(2) Where a punishment for an offence is specified by the Code of Service Discipline and it is further provided in the alternative that on conviction the offender is liable to less punishment, the expression less punishment means any one or more of the punishments lower in the scale of punishments than the specified punishment. | (2) Where a punishment for an offence is specified by the Code of Service Discipline and it is further provided in the alternative that on conviction the offender is liable to less punishment, the expression less punishment means any one or more of the punishments lower in the scale of punishments than the specified punishment. | ||
<br> | <br> | ||
R.S., 1985, c. N-5, s. 139; 1998, c. 35, s. 35. | R.S., 1985, c. N-5, s. 139; {{LegHistory90s|1998, c. 35}}, s. 35. | ||
|[http://canlii.ca/t/7vjm#sec139 NDA] | |[http://canlii.ca/t/7vjm#sec139 NDA] | ||
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140 Every person who, on conviction of a service offence, is liable to imprisonment for life, other than as a minimum punishment, or for a term of years or other term may be sentenced to imprisonment for a shorter term. | 140 Every person who, on conviction of a service offence, is liable to imprisonment for life, other than as a minimum punishment, or for a term of years or other term may be sentenced to imprisonment for a shorter term. | ||
<br> | <br> | ||
R.S., 1985, c. N-5, s. 140; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 36. | R.S., 1985, c. N-5, s. 140; R.S., 1985, c. 31 (1st Supp.), s. 60; {{LegHistory90s|1998, c. 35}}, s. 36. | ||
|[http://canlii.ca/t/7vjm#sec140 NDA] | |[http://canlii.ca/t/7vjm#sec140 NDA] | ||
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; Dismissal as accompanying punishment | ; Dismissal as accompanying punishment | ||
(2) Where a court martial imposes a punishment of imprisonment for less than two years on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal from Her Majesty’s service. | (2) Where a court martial imposes a punishment of imprisonment for less than two years on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal from Her Majesty’s service. | ||
1998, c. 35, s. 36. | {{LegHistory90s|1998, c. 35}}, s. 36. | ||
|[http://canlii.ca/t/7vjm#sec140.1 NDA] | |[http://canlii.ca/t/7vjm#sec140.1 NDA] | ||
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(a) in the case of an officer, to the lowest commissioned rank; and | (a) in the case of an officer, to the lowest commissioned rank; and | ||
(b) in the case of a non-commissioned member, to the lowest rank to which under the regulations the non-commissioned member can be reduced. | (b) in the case of a non-commissioned member, to the lowest rank to which under the regulations the non-commissioned member can be reduced. | ||
1998, c. 35, s. 36. | {{LegHistory90s|1998, c. 35}}, s. 36. | ||
|[http://canlii.ca/t/7vjm#sec140.2 NDA] | |[http://canlii.ca/t/7vjm#sec140.2 NDA] | ||
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; Consequences | ; Consequences | ||
(2) A person on whom a punishment of dismissal with disgrace from Her Majesty’s service has been carried out is not, except in an emergency or unless that punishment is subsequently set aside or altered, eligible to serve Her Majesty again in any military or civil capacity. | (2) A person on whom a punishment of dismissal with disgrace from Her Majesty’s service has been carried out is not, except in an emergency or unless that punishment is subsequently set aside or altered, eligible to serve Her Majesty again in any military or civil capacity. | ||
R.S., 1985, c. N-5, s. 141; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, ss. 37, 92. | R.S., 1985, c. N-5, s. 141; R.S., 1985, c. 31 (1st Supp.), s. 60; {{LegHistory90s|1998, c. 35}}, ss. 37, 92. | ||
|[http://canlii.ca/t/7vjm#sec141 NDA] | |[http://canlii.ca/t/7vjm#sec141 NDA] | ||
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(2) If a non-commissioned member above the rank of private is sentenced to detention, that person is deemed, for the period of the detention, to be reduced to the rank of private. | (2) If a non-commissioned member above the rank of private is sentenced to detention, that person is deemed, for the period of the detention, to be reduced to the rank of private. | ||
R.S., 1985, c. N-5, s. 142; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 38. | R.S., 1985, c. N-5, s. 142; R.S., 1985, c. 31 (1st Supp.), s. 60; {{LegHistory90s|1998, c. 35}}, s. 38. | ||
|[http://canlii.ca/t/7vjm#sec142 NDA] | |[http://canlii.ca/t/7vjm#sec142 NDA] | ||
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144 Where a court martial imposes a punishment of forfeiture of seniority on an officer or non-commissioned member, the court martial shall in passing sentence specify the period for which seniority is to be forfeited. | 144 Where a court martial imposes a punishment of forfeiture of seniority on an officer or non-commissioned member, the court martial shall in passing sentence specify the period for which seniority is to be forfeited. | ||
<br> | <br> | ||
R.S., 1985, c. N-5, s. 144; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 39. | R.S., 1985, c. N-5, s. 144; R.S., 1985, c. 31 (1st Supp.), s. 60; {{LegHistory90s|1998, c. 35}}, s. 39. | ||
|[http://canlii.ca/t/7vjm#sec147 NDA] | |[http://canlii.ca/t/7vjm#sec147 NDA] | ||
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(3) The terms of payment of a fine may be varied, in the case of a summary trial, by the officer who conducted the trial, and in the case of a court martial, by the military judge who imposed the fine or a military judge designated by the Chief Military Judge. | (3) The terms of payment of a fine may be varied, in the case of a summary trial, by the officer who conducted the trial, and in the case of a court martial, by the military judge who imposed the fine or a military judge designated by the Chief Military Judge. | ||
<br> | <br> | ||
R.S., 1985, c. N-5, s. 145; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 39. | R.S., 1985, c. N-5, s. 145; R.S., 1985, c. 31 (1st Supp.), s. 60; {{LegHistory90s|1998, c. 35}}, s. 39. | ||
|[http://canlii.ca/t/7vjm#sec145 NDA] | |[http://canlii.ca/t/7vjm#sec145 NDA] | ||
}} | }} | ||