Annex V: Review Authority (under QR&O 108.45) Checklist

Disclaimer

This publication has not yet been updated to reflect the legislative amendments resulting from the Strengthening Military Justice in the Defence of Canada Act, SC 2013, c 24, which came into force on 1 September 2018.

PRE-REVIEW CONSIDERATIONS1

1. Has the offender's CO complied with the offender's request, if any, to have an officer of NCM above the rank of sergeant appointed to assist in the preparation of a request for review (QR&O 108.45(18)).

2. Before commencing a review, determine if you have jurisdiction to conduct the review. Have the following conditions been met:

3. If you determine that you have jurisdiction, ensure that the following procedures have been complied with:

REVIEW PROCESS

4. Within 7 days of receiving the copy of the request for review the presiding officer must deliver comments concerning the request to you and a copy provided to the member making the request (QR&O 108.45(6)).

5. The offender may deliver further representations within 7 days of receiving a copy of the comments of the presiding officer (QR&O 108.45 (7)).

6. Within 21 days of receiving a request you must review the summary trial and determine whether to set aside any finding or alter any punishment (QR&O 108.45(10)).

7. Legal advice must be obtained before making a determination on the request (QR&O 108.45 (8)), but may not be provided by any legal officer who provided advice with respect to laying the charges or concerning any of the summary proceedings (QR&O 108.45(9)).

8. If you are unable to make a determination because additional information is required, you must:

9. Consider any further representations delivered by the offender within 7 days of being provided with the subsequent information referred to at paragraph 8 above (QR&O 108.45(12)).

10. When additional information has been requested in IAW QR&O 108.45(11) you have 35 days from the date of request to review the summary trial and make a determination (QR&O 108.45(13)).

11. When determining whether a finding is unjust, consider the following:

12. When determining whether a punishment is unjust or too severe, consider the following:

REMEDIES AVAILABLE

13. When the finding is found to be unjust, you may (QR&O 108.45 Note B):

14. When the punishment is found to be unjust due to the fact that it was beyond the powers of the presiding officer to impose, you may substitute an appropriate punishment (NDA s.249.13), after considering the conditions applicable to new punishments (NDA s. 249.15).

15. When the punishment is not unjust, but is found to be too severe, you may alter the sentence by:

POST-REVIEW PROCEDURES

16. Inform the offender, the presiding officer and, where you are not the offender's CO, the offender's CO of your decision in writing (QR&O 108.45(14)(a). The offender's CO will be required to cause the appropriate entries to be made to the offender's service records, including the conduct sheet, and take any other action necessary to give effect to the decision IAW QR&O 108.45(15)).

17. Comply with QR&O 107.14(b) by causing a copy of the decision to be placed on the Unit Registry of Disciplinary Proceedings on with the original RDP was placed.

18. Cause the appropriate entries to be made on the RDP (QR&O 108.45(14)(c)).


Footnotes

1 This checklist is a guide only. It must be used in conjunction with the appropriate sections of the QR&O and the Military Justice at the Summary Trial Level Manual.

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