QR&O: Volume II - Chapter 107 Text version - Form of Record of Disciplinary Proceedings

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QR&Os: 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 - charge report.

Part 1 contains 14 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: the accused
• the 2nd cell reads: service number
• the 3rd cell reads: name and rank
• the 4th cell reads: unit or element
• the 5th cell reads: is charged with having committed the following offence(s)
• the 6th cell reads: statement of offence / statement of particulars (attach a page(s), as necessary)
• the 7th cell reads: name rank and position of person laying charge(s)
• the 8th cell reads: signature
• the 9th cell reads: date
• the 10th cell reads: charge(s) referred to, followed by two boxes that may be checked to indicate to whom the charges were referred, the first box designating Commanding Officer and the second box designating Delegated Officer
• the 11th cell reads: copy to accused, followed by a box that can be checked
• the 12th cell reads: appointment of assisting officer
• the 13th cell reads: name and rank of assisting officer appointed
• the 14th 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 accused prior to election or summary trial (attach a list of all information provided in accordance with QR&O Art. 108.15. List to identify any evidence to be relied on at trial.)

Part 2 contains 4 cells in which users of the form may enter information relating to certain pre-trial information provided to the accused.

• The 1st cell reads: information identified in attached list and a copy of the list provided to accused
• the 2nd cell reads: name, rank and position of person(s) providing information
• the 3rd cell reads: signature
• the 4th cell reads: date

Part 3

The third subheading reads: Part 3 - Election to be tried by court martial (where applicable) (see QR&O Art. 108.14 and 108.17)

Part 3 contains 4 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: at, followed by a line on which the user can indicate a date and time, then continues to read: the accused was informed of the right to elect trial by court martial, and of the requirement to make his/her decision known by (not less than 24 hours), followed by a line on which the user can indicate a date and time, then continues to read: I confirm that: a) the nature and gravity of the offence(s) and the differences between trial by court martial and trial by summary trial were discussed with my assisting officer; b) I have had an opportunity to consult legal counsel, followed by a line break, then continues to read: I elect to be tried by, followed by two boxes that may be checked to indicate the accused's choice of trial option, the first box designating summary trial, and the second box designating court martial;
• the 2nd cell reads: name, rank and signature of accused;
• the 3rd cell reads: name, rank, position and signature of person receiving election;
• the 4th cell reads: date and time received

Part 4

The fourth subheading reads: Part 4 - referral of charge(s) by delegated officer, commanding officer, superior commander and referral authority (where applicable) (see QR&O Art. 108.16, 108.19, 108.195, 108.34 and 109.05)

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

• The 1st cell reads: name, rank and position of officer to whom charges referred
• the 2nd cell reads: name, rank and position of officer making referral (attach correspondence to document initial and subsequent referrals)
• the 3rd cell reads: signature
• the 4th cell reads: date

Part 5

The fifth subheading reads: Part 5 - charge(s) not proceeded with - commanding officers and superior commanders (where applicable) (see QR&O Art. 108.19 and 108.195)

Part 5 contains 4 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: name, rank and position of officer deciding not to proceed
• the 3rd cell reads: signature
• the 4th cell reads: date

Part 6

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

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

• The 1st cell reads: summary trial by:, 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 preceeded 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 (special findings); the rest of the 2nd cell reads: having considered the essential elements of each charge, the evidence received, the credibility of the witnesses heard, the representations submitted by the accused and the concept of reasonable doubt, the accused is:, followed by a series of possible verdicts that read: found not guilty of charge(s) number:, followed by a line where a user can enter charge numbers, then continues to read: found guilty of charge(s) number:, followed by a line where a user can enter charge numbers, then continues to read: found guilty of related, less serious or attempted offence(s) on charge(s) number:, followed by a line where a user can enter charge numbers, then continues to read: charge(s) is (are) stayed in respect of alternate charge(s) number:, followed by a line where a user can enter charge numbers
• the 3rd cell has a title that reads: sentence; the rest of the 3rd cell reads: having considered the evidence in support of the charge(s), the evidence concerning sentence, including aggravating and mitigating factors, the representations by the accused, and the circumstances and factors affecting sentence as set out in the notes to QR&O article 108.20 (Procedure), the accused is sentenced to:, followed by a line where the user can enter a sentence
• the 4th cell reads: name, rank and position of officer conducting the summary trial
• the 5th cell reads: signature
• the 6th cell reads: date

Part 7

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

Part 7 contains 3 cells in which users of the form may enter information relating to review information.

• The 1st cell reads: name, rank and position of review authority
• the 2nd cell reads: review decision (attach relevant correspondence)
• the 3rd cell reads: date of decision