ARCHIVED - QR&O: Volume II - Chapter 107 Text version - Form of Record of Disciplinary Proceedings (Historical Version up to 31 August 2018)

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QR&O: Volume II – Chapter 107 – Preparation, Laying and Referral of Charges
107.07 – FORM OF RECORD OF DISCIPLINARY PROCEEDINGS

The image depicts Form 107.07 of the QR&O entitled Record of Disciplinary Proceedings. The form is in bilingual format. The purpose of the form is to summarize the charges laid against an officer or non-commissioned member of the Canadian Forces, and to report the statement of offence, the findings and the sentence.

Part 1

The first subheading reads: Part 1 – Charges

Part 1 contains 18 cells in which users of the form may enter information to identify the accused, the nature of the offence, and other preliminary procedural information.

  • The 1st cells reads: service number
  • the 2nd cell reads: name
  • the 3rd cell reads: rank
  • the 4th cell reads: unit or element
  • the 5th cell reads: is charged with having committed the following offences
  • the 6th cell reads: statement of offence / statement of particulars (attach a pages, as necessary)
  • the 7th cell reads: person laying charges
  • the 8th cell reads: name
  • the 9th cell reads: rank
  • the 10th cell reads: position
  • the 11th cell reads: signature
  • the 12 cell reads: date
  • the 13th cell reads: charges referred to, followed by two boxes that may be checked to indicate to whom the charges were referred, the first box designating Delegated Officer and the second box designating Commanding Officer
  • the 14th cell reads: copy of this form provided to the accused person followed by a box that can be checked
  • the 15th cell reads: assisting officer appointed to assist the accused person
  • the 16th cell reads: name
  • the 17th cell reads: rank
  • the 18th cell reads: language of the proceedings chosen by the accused, followed by two boxes that may be checked to indicate a language choice, the first box designating English and the second box designating French

Part 2

The second subheading reads: Part 2 – Information provided to the accused person (QR&O Art. 108.15)

Part 2 contains 6 cells in which users of the form may enter information relating to certain pre-trial information provided to the accused.

  • The 1st cell reads: person providing information to the accused person
  • the 2nd cell reads: name
  • the 3rd cell reads : rank
  • the 4th cell reads : position
  • the 5th cell reads: signature
  • the 6th cell reads: date

Part 3

The third subheading reads: Part 3 – Waiver and election (where applicable) (QR&O Art. 108.14 and 108.171)

Part 3 contains 16 cells in which users of the form may enter information relating to the accused's election as to form of trial.

  • The 1st cell reads: On, followed by a line on which the user can indicate a date and time, then continues to read: the accused was informed, followed by two boxes, the first box designating Waiver (that they may not be tried by summary trial unless they waive the six month limitation period to lay charges and/or the one year limitation period to commence the summary trial), and the second box designating Election (of the right to elect trial by court martial).
  • The 2nd cell reads: and of the requirement to make their decision(s) known after (not less than 24 hours), followed by the date and time.
  • The 3rd cell reads: I confirm that a) my assisting officer has made me aware of the nature and gravity of the offences with which I have been charged and the differences between trial by court martial and trial by summary trial; b) I have had opportunity to consult legal counsel with respect to the waiver and/or election.
  • the 4th cell reads: Waiver, followed by a two boxes, the first one designating I waive the applicable limitation periods and may, therefore, be tried by summary trial, and the second one designating I decline to waive the applicable limitation periods and I will not be tried by summary trial.
  • The 5th cell reads: Election, followed by two boxes, the first one designating Summary Trial, and the second one designating Court Martial.
  • The 6th cell reads: accused person
  • The 7th cell reads: name
  • The 8th cell reads: rank
  • The 9th cell reads: signature
  • The 10th cell reads: person receiving the decision(s)
  • The 11th cell reads: name
  • The 12th cell reads: rank
  • The 13th cell reads: position
  • The 14th cell reads: signature
  • The 15th cell reads: decision(s) received on date, at time

Part 4

The fourth subheading reads: Part 4 – Referral of charges by delegated officer, commanding officer, superior commander and referral authority (where applicable) (QR&O – ORFC Articles 107.09, 108.16, 108.16, 108.19, 108.195, 108.34 and 109.05)

Part 4 contains 10 cells in which users of the form may enter information relating to the referral authority.

  • The 1st cell reads: Officer to whom charged referred
  • The 2nd cell reads: name
  • The 3rd cell reads: rank
  • The 4th cell reads: position
  • The 5th cell reads: Officer making referral (attach correspondence regarding initial and any subsequent referrals)
  • The 6th cell reads: name
  • The 7th cell reads: rank
  • The 8th cell reads: position
  • The 9th cell reads: signature
  • The 10th cell reads: date

Part 5

The fifth subheading reads: Part 5 – Charges not proceeded with by commanding officers and superior commander (where applicable) (QR&O Articles 107.09, 108.19 and 108.195)

Part 5 contains 7 cells in which users of the form may enter information in instances where charges are not proceeded with.

  • the 1st cell reads: charge numbers not proceeded with
  • the 2nd cell reads: Officer deciding not to proceed
  • the 3rd cell reads: name
  • the 4th cell reads: rank
  • the 5th cell reads: position
  • the 6th cell reads: signature
  • the 7th cell reads: date

Part 6

The sixth subheading reads: Part 6 – Summary trial (see QR&O Art. 108.20)

Part 6 contains 9 cells in which users of the form may enter information relating to summary trial information.

  • The 1st cell reads: summary trial by a:, followed by three boxes that may be checked to indicate the status of the presiding officer, the first box indicating delegated officer, the second box indicating commanding officer, and the third box indicating superior commander
  • The 2nd cell has a title that reads: Findings, and the word findings is preceded by an asterisk, and at the bottom of the 2nd cell there is text corresponding to the asterisk that reads: for special finding see QR&O article 103.64; the rest of the 2nd cell is divided in four sections; the first one reads: not guilty of charges numbers, the second one reads: guilty of charges numbers, the third one reads: guilty related, less serious or attempted offences on charges numbers, and the last one reads: proceedings stayed in respect of alternate charges numbers.
  • The 3rd cell has a title that reads: sentence; and the word sentence is preceded by two asterisks, and at the bottom of the 3rd cell there is a text corresponding to the asterisks that reads: punishment of detention: when suspended at trial, see form in QR&O article 113.05; when ordered to be served intermittently, see form in QR&O article 113.47 (attach completed form).
  • The 4th cell reads: Officer presiding at the summary trial
  • The 5th cell reads: name
  • The 6th cell reads: rank
  • The 7th cell reads: position
  • The 8th cell reads: signature
  • The 9th cell reads: date

Part 7

The seventh subheading reads: Part 7– Review of findings and punishments (see QR&O - ORFC art. 108.45 and 116.02)

Part 7 contains 6 cells in which users of the form may enter information relating to review information.

  • the 1st cell reads: decision following review (attach relevant correspondence)
  • the 2nd cell reads: review authority
  • the 3rd cell reads: name
  • the 4th cell reads: rank
  • the 5th cell reads: position
  • the 6th cell reads: date of decision

Part 8

The eighth subheading reads: Part 8 – Suspension of punishment of detention after summary trial (QR&O – ORCF articles 113.39, 113.41 and 113.45)

Part 8 contains 18 cells in which users of the form may enter information relating to review information.

  • the 1st cell reads: the punishment of detention was suspended for, followed by two boxes, the first one designating imperative reasons relating to military operations, and the second one designating the offender’s welfare.
  • the 2nd cell reads: suspending authority who suspended the punishment
  • the 3rd cell reads: name
  • the 4th cell reads: rank
  • the 5th cell reads: position
  • the 6th cell reads: date of decision
  • the 7th cell reads: the suspension of the punishment of detention was revoked (attach relevant correspondence)
  • the 8th cell reads: suspending authority who revoked the suspension
  • the 9th cell reads: name
  • the 10th cell reads: rank
  • the 11th cell reads: position
  • the 12th cell reads: date of decision
  • the 13th cell reads: the punishment of detention was remitted at the time of the review of the suspension (attach relevant correspondence)
  • the 14th cell reads: suspending authority who remitted the punishment
  • the 15th cell reads: name
  • the 16th cell reads: rank
  • the 17th cell reads: position
  • the 18th cell reads: date of decision
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