Withdrawal of Charges

DMP Policy Directive
Directive #: 011/00
Date: 15 March 2000
Updated: 1 September 2018
Cross Reference: N/A

Subject: Withdrawal of Charges

Application of Policy

1. This policy applies to Prosecutors when deciding to withdraw a charge at any point in the court martial process prior to the commencement of a court martial.¹

Introduction

2. The withdrawal of a charge prior to the commencement of a court martial is an exercise of prosecutorial discretion and so must be done only after careful consideration of all relevant factors.

3. Where a charge is to be withdrawn, it may only be withdrawn with the approval of that individual who has final disposition authority as set out in DMP Policy Directive 003 (Post-Charge Review).

Practice/Procedure

4. Where the Prosecutor does not have final disposition authority to withdraw a charge, but forms the opinion that the charge ought to be withdrawn, he or she shall submit a written recommendation to the individual who has final authority.

5. Where the individual with final disposition authority concurs with the recommendation of the Prosecutor, he or she may approve withdrawal of the charge.

6. Once a decision to withdraw a charge has been made, the individual with final disposition authority must ensure that they record their decision in the form set out at Annex A (Record of Decision) to DMP Policy Directive 003 and that the completed form is placed in the Prosecution Case File.

Availability of this Policy Statement

7. This policy statement is a public document and is available to members of the CAF and to the public.

Footnote

¹ Any reference in this policy to "Prosecutor" or "Prosecutors" refers to those officers who have been appointed to assist and represent the Director of Military Prosecutions (DMP) in the exercise of the powers given to the DMP by sections 165.11 to 165.13 of the National Defence Act and subject to any limitations as set out in the Canadian Military Prosecution Service Policy Manual.