QR&O: Volume II – Chapter 117 – New Trials

Effective 1 january 2006, the official version of the QR&O is that published in PDF format on this website.

A consolidation of the QR&O volumes in official PDF version were made as of the 3 July 2019. The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

The last modifications to the QR&O came into force on 20 June 2022.

Amendment List:

• 20 June 2022 – article repealed: 117.02
• 1 September 2018 – article amended: 117.03
• 1 September 2018 – note repealed: 117.03
• 18 July 2008 – amended article: 117.01

History:

• ARCHIVED – Historical version for the period of 1 September 2018 to 19 June 2022 
• ARCHIVED – Historical version for the period 18 July 2008 to 31 August 2018
• ARCHIVED – Historical version for the period 5 June 2008 to 17 July 2008

(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)

117.01 – NEW TRIAL DIRECTED BY COURT MARTIAL APPEAL COURT

Subsection 238(1) of the National Defence Act provides in part:

(C) (4 July 2008)

(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2022-0268 effective 20 June 2022 – 117.02 is repealed]

117.03 – OBLIGATION AT NEW TRIAL AFTER FINDING OF GUILTY

If a new trial is held and an accused person is found guilty, the prosecutor shall, once the steps set out in paragraphs 112.51(2) to (9) have been completed, inform the court martial of the sentence imposed on the offender by the previous court martial, if any.

(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2018-0433 effective 1 September 2018]

(C) [Note to the article 117.03: repealed on 1 September 2018]

[117.04: repealed 1 September 1999]

[117.05: repealed 1 September 1999]

[117.06: repealed by P.C. 1999-1305 effective 1 September 1999]

[117.07: repealed 1 September 1999]

[117.08 to 117.99: not allocated]