Annex C — Overview of the Referral Process

For graph breakdown, refer to the list below:
Step 1 - Step 4
Path A
- Alleged Service Offence Committed
- Unit Investigation (minor offences) 1
- Pre-Charge Advice by Unit Legal Advisor (Deputy Judge Advocate – DJA) 2
- Charges Laid 3
Path B
- Alleged Service Offence Committed
- Military Police Investigation
- Pre-Charge Advice by Unit Legal Advisor (Deputy Judge Advocate – DJA) 2
- Charges Laid 3
Path C
- Alleged Service Offence Committed
- Canadian Forces National Investigation Service (CFNIS) Investigation (serious or sensitive offences)
- Pre-Charge Advice by Regional Military Prosecutor (RMP) 2
- Charges Laid 3
Step 4 - Step 6/7
Path A
Path B
Path C
- Charges Laid 3
- Choice to Elect to be Tried by Court Martial 5
- Unit Refers to Referral Authority (RA), RA Refers to DMP 7
- Post-Charge Review 8
Path D
- Charges Laid 3
- No Election Given – Automatic Court Martial 6
- Unit Refers to Referral Authority (RA), RA Refers to DMP 7
- Post-Charge Review 8
Step 7 - Step 8/11
Path A
- Post-Charge Review 8
- Charges not Preferred
Path B
Footnotes
1 See QR&O 106 “Investigation of Service Offences”.
2 Pre-charge advice is always advisable. Advice is mandatory under the circumstances in QR&O 107.03. See DMP Policy Directive 002/99 Pre-Charge Screening.
3 See QR&O 107 “Preparation, Laying and Referral of Charges”.
4 Offences listed in QR&O 108.17(1)(a) must be tried by summary trial where the circumstances do not warrant punishment of detention, reduction in rank, or a fine greater than 25% of monthly pay under (1)(b).
5 Accused may elect court martial for offences listed in 108.17(1)(a) where the warranted punishment exceeds those in (1)(b), and offences listed in QR&O 108.07(2),(3).
6 Offences not listed in QR&O 108.07(2),(3) or where the accused is a LCol or higher must be tried by court martial.
7 See QR&O 109 “Application for Referral Authority for Disposal of a Charge”.
8 See DMP Policy Directive 003/00 Post-Charge Review.
9 See QR&O 111 “Convening of Courts Martial and Pre-trial Administration”.
10 See DMP Policy Directive 015/04 Appeals; QR&O 115 “Appeals from Courts Martial”; sections 230 and 230.1 of the National Defence Act.
11 See DMP Policy Directive 015/04 Appeals; QR&O 115 “Appeals from Courts Martial”; section 245 of the National Defence Act.
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