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

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QR&Os: Volume II - Chapter 107 Preparation, Laying and Referral of Charges:
107.075 – SPECIMEN RECORD OF DISCIPLINARY PROCEEDINGS

The image depicts Form 107.075 of the QR&O, which represents a specimen record or a sample completed version of the previously seen Form 107.07. The specimen record is in bilingual format, and summarizes sample charges laid against a fictional officer or non-commissioned member of the Canadian Forces, and reports a fictional statement of offence, the findings and the sentence. Note that only some sections of the form have sample text.

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, and the sample text reads: C34 567 890
• the 3rd cell reads: name and rank, and the sample text reads: Sergeant Green
• the 4th cell reads: unit or element RCD
• 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), and the sample text reads:
  • First charge (alternative to second charge) section 95 N.D.A
    Ill- treated a person who by reason of rank was subordinate to him
    Particulars: In that he, on 12 July 19_, at Canadian Forces Base Petawawa, did push A23 456 789 Corporal B.C. Jackson
  • Second charge (alternative to first charge) section 130 N.D.A
    An offence punishable under section 130 of the National Defence Act, that is to say, assault contrary to section 266 of the Criminal Code.
    Particulars: In that he, on 12 July 19_, at Canadian Forces Base Petawawa, did commit an assault upon A23 456 789 Corporal B.C Jackson
  • Third charge Paragraph 112(a) N.D.A
    Use a vehicle of the Canadian Forces for an unauthorized purpose
    Particulars: In that he, on 18 June 19_, at Canadian Forces Base Petawawa, without authority, used an Iltis CFR # 12345, a vehicle of the Canadian Forces, to transport him to Belleville Ontario, when proceeding on leave
• the 7th cell reads: name rank and position of person laying charge(s), and the sample text reads: CWO A.B Gagnon, RSM, RCD
• the 8th cell reads: signature
• the 9th cell reads: date, and the sample text reads: 30 Jul _
• 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, and in this specimen record, the box designating the commanding officer is checked
• the 11th cell reads: copy to accused, and in this specimen record the box is checked
• the 12th cell reads: appointment of assisting officer
• the 13th cell reads: name and rank of assisting officer appointed, and the sample text reads: Capt C.P. Jones
• 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, and in this specimen record the English box is checked

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, and the sample text reads: CWO A.B Gagnon, RSM, RCD
• the 3rd cell reads: signature
• the 4th cell reads: date, and the sample text reads: 1 Aug _

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 specimen record sample indicated 1030 Hrs 5 Aug _, 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 specimen record sample indicated 1130 Hrs 6 Aug _, 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, and in this specimen record the box indicating summary trial is checked
• the 2nd cell reads: name, rank and signature of accused, and the sample name provided is Sgt D.E Green
• the 3rd cell reads: name, rank, position and signature of person receiving election, and the sample text reads: Capt G.F. Richard, Adjutant, RCD
• the 4th cell reads: date and time received, and the sample text reads: 1130 Hrs 6 Aug _

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 number(s) not proceeded with, and the specimen record enters the number 3
• the 2nd cell reads: name, rank and position of officer deciding not to proceed, and the sample text reads: LCol R.G McAuley, CO, RCD
• the 3rd cell reads: signature
• the 4th cell reads: date, and the sample text reads: 7 Aug _

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 designating delegated officer, the second box designating commanding officer, and the third box designating superior commander, and in this specimen record the box designating commanding officer is checked
• 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, and in this specimen record the number 1 is entered, 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, and in this specimen record the number 2 is entered
• 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, and the sample text reads: $1500 fine
• the 4th cell reads: name, rank and position of officer conducting the summary trial, and the sample text reads: LCol R.G. McAuley, CO, RC;
• the 5th cell reads: signature
• the 6th cell reads: date, and the sample text reads: 7 Aug _

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, and the sample text reads: Col J.F. Tremblay, Base Commander CFB Petawawa
• the 2nd cell reads: review decision (attach relevant correspondence), and the sample text reads: mitigated to $1000 fine
• the 3rd cell reads: date of decision, and the sample text reads: 15 Sept _