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  • 20 June 2022 – article repealed: 117.02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  • 1 September 2018 – note repealed: 117.03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:

(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:

“238. (1) On the hearing of an appeal respecting the legality of a finding of guilty on any charge, the Court Martial Appeal Court, if it allows the appeal, may set aside the finding and ...

(b) direct a new trial by court martial on the charge.” (4 July 2008)

(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(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2022-0268 effective 20 June 2022 – 117.02 is repealed]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(C) [Note to the article 117.03: repealed on 1 September 2018]

[117.04: repealed 1 September 1999]

[117.05: repealed 1 September 1999]

[117.06: repealed by P.C. 1999-1305 effective 1 September 1999]

[117.07: repealed 1 September 1999]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]

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