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

Marginal note:Release with or without undertaking

• 159.4 (1) The military judge may direct that the person be released without conditions or that the person be released on the giving of an undertaking to comply with any of the conditions referred to in section 158.6 that the military judge considers appropriate.

• Marginal note:Variation of undertaking

  (2) The undertaking under which a person is released may be varied

  • (a) by direction of a military judge on application with reasonable notice being given; or

  • (b) with the written consent of the person and the Director of Military Prosecutions.

Marginal note:Hearing may be adjourned

159.5 The military judge may adjourn the hearing on the military judge’s own motion or on application, but the adjournment may not be for more than three clear days except with the consent of the person in custody.

Marginal note:Alternate means of hearing

• 159.6 (1) The military judge may direct that the hearing be conducted wholly or in part by the means of a telecommunications device, including by telephone, if the military judge is satisfied that the benefit of a hearing by that device outweighs the potential prejudice to the person in custody of conducting a hearing by that device.

• Marginal note:Representations and factors to be considered

  (2) In deciding whether to make the direction, the military judge shall take into account

  • (a) the location of the person in custody;

  • (b) the gravity of the offence;

  • (c) the circumstances under which the unit or element detaining the person in custody is deployed;

  • (d) the availability of counsel for the Canadian Forces and the person in custody;

  • (e) the limitations of available telecommunications devices;

  • (f) the time required to bring the person in custody and the person’s counsel before the military judge; and

  • (g) any other matter that the military judge considers relevant.

Marginal note:Reasons

159.7 The military judge shall include in the minutes of any proceedings under this Division the reasons for any direction.

Marginal note:Review after 90 days

159.8 If the trial of a person who has been retained in custody has not commenced within ninety days after the day that person was last taken before a military judge, the Director of Military Prosecutions shall cause the person to be brought before a military judge to determine whether the continued retention of the person in custody is justified under section 159.2.