QR&O: Volume II - Chapter 114 - General Provisions Respecting Imprisonment and Detention
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Amendment List:
- 1 September 2018 – heading amended: Chapter 114
- 1 September 2018 – article repealed: 114.01
- 1 September 2018 – new article and note: 114.01
- 1 September 2018 – heading repealed: Section 1
- 1 September 2018 – article repealed: 114.02
- 1 September 2018 – new article: 114.02
- 1 September 2018 – heading repealed: Section 2
- 1 September 2018 – article repealed: 114.03
- 1 September 2018 – article amended: 114.04
- 1 September 2018 – notes (B) and (C) amended: 114.04
- 1 September 2018 – article amended: 114.09
- 1 September 2018 – heading repealed: Section 3
History:
(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)
114.01 – COMMITTING AUTHORITIES
Subsection 219(1) of the National Defence Act provides:
“219. (1) The Minister may prescribe or appoint authorities for the purposes of this section and section 220 and, in this section and section 220, an authority prescribed or appointed under this subsection is referred to as a “committing authority”.”
(G) [114.01: repealed by P.C. 2018-0433 effective 1 September 2018]
(C) [1 September 2018]
NOTE
The authorities prescribed by the Minister for the purposes of sections 219 and 220 of the National Defence Act are — in addition to the Minister — the Chief of the Defence Staff, officers commanding a command, officers commanding a formation, commanding officers and military judges.
(C) [1 September 2018]
114.02 – WARRANT FOR COMMITTAL
Subsection 219(2) of the National Defence Act provides:
“219. (2) A committal order, in such form as is prescribed in regulations, made by a committing authority is a sufficient warrant for the committal of a service convict, service prisoner or service detainee to any lawful place of confinement.”
(G) [114.02: repealed by P.C. 2018-0433 effective 1 September 2018]
(C) [1 September 2018]
(C) [114.03: repealed on 1 September 2018]
114.04 – FORM OF COMMITTAL ORDER
For the purposes of subsection 219(2) of the National Defence Act, the form of committal order is:
COMMITTAL ORDER
(Subsection 219(2) of the National Defence Act)
To the person in charge of (place of incarceration):
Whereas on (day, month, year) at (place), (service number and rank (if applicable) and full name of the offender) (the “offender”) was convicted of the following offence(s): (state the offence(s));
Whereas the offender was sentenced to (imprisonment or detention) for a period of (days, months or years);
(Delete any of the following subparagraphs that do not apply and add further subparagraphs if necessary)
And whereas:
(a) the offender’s punishment was suspended and that suspension has been revoked;
(b) the offender has been ordered to serve their sentence intermittently;
(c) the offender was ordered to serve the sentence intermittently and the intermittent sentence order has been revoked;
(d) after a review under section 249 of the National Defence Act, the punishment to be served is now (imprisonment or detention) for a term of (days, months or years);
(e) the offender’s sentence has been affirmed, on appeal, by the (appeal court);
(f) after an appeal to the (appeal court), the punishment to be served is now (imprisonment or detention) for a term of (days, months or years);
(g) the punishment was not carried out for a reason referred to in subsection 204(3) of the National Defence Act; and
(h) the offender has already completed (days, months or years) of the term of the punishment.
You are commanded to receive the offender into your custody and detain them to serve the punishment imposed until they are discharged or delivered over in due course of law.
Dated this (day, month, year) at (place).
Signature of committing authority issuing the committal order
(Rank (if applicable) and name of committing authority issuing the committal order)
(G) [P.C. 1999-1305 of 8 July 1999 effective 1 September 1999; P.C. 2018-0433 effective 1 September 2018]
NOTES
(A) The committal order should be addressed to the warden in charge of the penitentiary or civil prison in which the offender is to be incarcerated or to the officer or non-commissioned member in charge of a service prison or detention barrack.
(B) An offender must be medically examined by a medical officer before they are brought to the place of incarceration where they are to undergo the punishment (see article 34.165 – Medical Examination Before Committal).
(C) Where an offender is already under a sentence involving incarceration which has been suspended and has not expired and a new award also involves incarceration, section 149 of the National Defence Act provides that the punishments shall be served concurrently, with the punishment highest in the scale of punishments being served first (see article 104.17 – Incarceration Under More than One Sentence). Accordingly, the committal order must be completed carefully to ensure that the sentence the offender is being committed to serve is apparent on the face of the order (although the time served will count against both sentences). This will vary depending upon whether the suspended sentence is ordered to be put into execution, whether both sentences involve the same type of incarceration; e.g., imprisonment or detention, and which term has the longest to run. If no order is made that the suspended sentence is to be put into execution, the offender should be committed only for the term of the new award. If, however, an order is made to put the suspended sentence into execution, the offender should be committed to undergo the sentence having the longest time to run.
(C) [1 September 1999; 1 September 2018 – Notes (B) and (C)]
114.05 – COMMITTAL TO PENITENTIARIES
(1) Subsections 220(1) and (2) of the National Defence Act provide:
“220. (1) A service convict whose punishment of imprisonment for life or for two years or more is to be put into execution shall as soon as practicable be committed to a penitentiary to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service convict be committed to a service prison to undergo the punishment or any part of the punishment.
(2) Where a committing authority orders the committal to a penitentiary of a service convict, part of whose punishment has been undergone in a service prison, the service convict may be so committed notwithstanding that the unexpired portion of the term of that punishment is less than two years.”
(2) Subject to paragraph (3), where an offender has been sentenced outside of Canada to undergo imprisonment for life or for two years or more, the committing authority may order that the offender be committed to a service prison, there to undergo such part of the punishment not exceeding two years as the committing authority may order.
(3) Where an offender, who is subject to the Code of Service Discipline under subsection 61(1) of the National Defence Act, has been sentenced outside of Canada to undergo imprisonment for life or for two years or more, the committing authority may, on the authority of the Chief of the Defence Staff, order that the offender be committed to a service prison, there to undergo all or such part of the punishment not exceeding two years, as the Chief of the Defence Staff may order.
(G) [P.C. 1999-1305 effective 1 September 1999]
114.06 – COMMITTAL TO CIVIL PRISONS
(1) Subsection 220(3) of the National Defence Act provides:
“220. (3) A service prisoner whose punishment of imprisonment for less than two years is to be put into execution shall as soon as practicable be committed to a civil prison to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service prisoner be committed to a service prison or detention barrack to undergo the punishment or part thereof.”
(2) Subject to paragraph (3), where the exigencies of the service make it desirable to do so, a committing authority may order that a service prisoner be committed to a service prison or detention barrack, there to undergo the punishment, or such part of the punishment as the committing authority may order.
(3) Where an offender who is subject to the Code of Service Discipline under subsection 61(1) of the National Defence Act is sentenced outside of Canada to undergo imprisonment for less than two years, the committing authority may, on the authority of the Chief of the Defence Staff, order that the offender be committed to a service prison or detention barrack, there to undergo all or such part of the punishment, as the Chief of the Defence Staff may order.
(G) [P.C. 1999-1305 effective 1 September 1999]
114.07 – COMMITTAL TO DETENTION BARRACK
Subsection 220(4) of the National Defence Act provides:
“220. (4) A service detainee whose punishment of detention is to be put into execution shall as soon as practicable be committed to a detention barrack to undergo the punishment.”
(G) [P.C. 1999-1305 effective 1 September 1999]
114.08 – TRANSFER TO A NEW PLACE OF INCARCERATION
(1) Subsections 219(3) and (4) of the National Defence Act provide:
“219. (3) A committing authority may, by warrant, order that a service convict, service prisoner or service detainee be transferred, from the place to which that convict, prisoner or detainee has been committed to undergo punishment, to any other place in which that punishment may lawfully be put into execution.
(4) A service convict, service prisoner or service detainee, until delivered to the place where that convict, prisoner or detainee is to undergo punishment or while being transferred from one such place to another such place, may be held in any place, either in service custody or in civil custody, or at one time in service custody and at another time in civil custody, as occasion may require, and may be transferred from place to place by any mode of conveyance, under such restraint as is necessary for the safe conduct of that convict, prisoner or detainee.”
(2) A Transfer of Custody Warrant or Temporary Removal From Custody Order should be in the following form:
TRANSFER OF CUSTODY WARRANT
OR
TEMPORARY REMOVAL FROM CUSTODY ORDER
TO: (title of officer or official and name of the institution)
WHEREAS (service number and rank (if applicable), surname and given names) of (unit), Canadian Forces, is now in your custody undergoing a sentence of (imprisonment or detention)
Now, therefore I, being a committing authority under the National Defence Act, order you to deliver the above-named prisoner to the bearer of this order, and the bearer, as well as all others into whose custody the prisoner may be transferred, shall keep the prisoner in custody and:
(Use (a) for transfer of custody)
(a) bring the prisoner to (new place of incarceration) there to undergo the remainder of the sentence, and for so doing this shall be your sufficient authority.
OR
(Use (b) for temporary removal from custody)
(b) bring the prisoner to (place) there to (state purpose for which prisoner required) and then return the prisoner to your custody at the institution first above-named, and for so doing this shall be your sufficient authority.
(Strike out (a) or (b))
(signature, rank and appointment)
Dated this ___ day of (month), (year)
(G) [P.C. 1999-1305 effective 1 September 1999]
114.09 – TEMPORARY REMOVAL FROM INCARCERATION
Section 221 of the National Defence Act provides:
“221. Where the exigencies of the service so require, a service convict, service prisoner or service detainee may, by an order made by a committing authority referred to in section 219 or 220, be removed temporarily from the place to which he has been committed for such period as may be specified in that order but, until returned to that place, any person removed pursuant to this section shall be retained in service custody or civil custody, as occasion may require, and no further committal order is necessary on the return of the person to that place.”
(C) [1 September 1999; 1 September 2018]
114.10 – ORDER FOR DISCHARGE FROM CUSTODY
An Order for Discharge from Custody should be in the following form:
ORDER FOR DISCHARGE FROM CUSTODY
TO: (title of officer or official and name of institution)
WHEREAS (service number and rank (if applicable), surname and given names) of (unit), Canadian Forces, is now in your custody undergoing a sentence of (imprisonment or detention).
Now, therefore I, being a committing authority under the National Defence Act, order you to discharge that person from custody and for so doing this shall be your sufficient authority.
(signature, rank and appointment)
Dated this_____day of (month), (year)
(G) [P.C. 1999-1305 effective 1 September 1999]
114.11 – DESIGNATION OF SERVICE PRISONS AND DETENTION BARRACKS
(1) Subsection 205(1) of the National Defence Act provides:
“205. (1) Such places as are designated by the Minister for the purpose shall be service prisons and detention barracks and any hospital or other place for the reception of sick persons to which a person who is a service convict, service prisoner or service detainee has been admitted shall, in so far as relates to that person, be deemed to be part of the place to which that person has been committed.”
(2) Places designated as service prisons and detention barracks pursuant to subsection 205(1) of the National Defence Act shall from time to time be published in service orders.
(3) A committing authority may commit a service detainee to a unit detention room for a period not in excess of 14 days, and for that purpose, the unit detention room shall be a detention barrack.
(M) [10 February 1976; 29 June 1999; 1 September 1999]
NOTES
(A) Where a unit detention room becomes a detention barrack in accordance with paragraph (3) of this article, the Regulations for Service Prisons and Detention Barracks apply (see QR&O Volume IV, Appendix 1.4).
(B) A service detainee sentenced to serve more than 14 days shall be committed to a detention barrack as designated by the Minister of National Defence.
(C) [12 February 1990; 1 September 1999]
[114.12 to 114.99: not allocated]
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