National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Offences in relation to Service Arrest and Custody

Marginal note:Detaining unnecessarily or failing to bring up for investigation

99. Every person who unnecessarily detains any other person in arrest or confinement without bringing him to trial, or fails to bring that other person’s case before the proper authority for investigation, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 89.
Marginal note:Setting free without authority or allowing or assisting escape

100. Every person who

  • (a) without authority sets free or authorizes or otherwise facilitates the setting free of any person in custody,

  • (b) negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or

  • (c) assists any person in escaping or in attempting to escape from custody,

is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for a term not exceeding seven years or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 90.
Marginal note:Escape from custody

101. Every person who, being in arrest or confinement or in prison or otherwise in lawful custody, escapes or attempts to escape is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 91.
Marginal note:Failure to comply with conditions

101.1 Every person who, without lawful excuse, fails to comply with a condition imposed under Division 3, or a condition of an undertaking given under Division 3 or 10, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • 1998, c. 35, s. 29.
Marginal note:Hindering arrest or confinement or withholding assistance when called on

102. Every person who

  • (a) resists or wilfully obstructs an officer or non-commissioned member in the performance of any duty pertaining to the arrest, custody or confinement of a person subject to the Code of Service Discipline, or

  • (b) when called on, refuses or neglects to assist an officer or non-commissioned member in the performance of any such duty

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 102;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Withholding delivery over or assistance to civil power

103. Every person who neglects or refuses to deliver over an officer or non-commissioned member to the civil power, pursuant to a warrant in that behalf, or to assist in the lawful apprehension of an officer or non-commissioned member accused of an offence punishable by a civil court is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 103;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.