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National Defence Act

Version of section 158.6 from 2022-06-20 to 2024-04-01:

Marginal note:Release with or without conditions

  •  (1) The custody review officer may direct that the person be released without conditions or that the person be released and, as a condition of release, direct the person to comply with any of the following conditions:

    • (a) remain under military authority;

    • (b) report at specified times to a specified military authority;

    • (c) remain within the confines of a specified defence establishment or at a location within a geographical area;

    • (d) abstain from communicating with any witness or specified person, or refrain from going to any specified place; and

    • (e) comply with such other reasonable conditions as are specified.

  • Marginal note:Consideration of victim’s safety and security

    (1.1) If the custody review officer directs that the person be released, with or without conditions, the custody review officer shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence.

  • Marginal note:Copy to victim

    (1.2) The custody review officer shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim.

  • Marginal note:Review

    (2) A direction to release a person with or without conditions may, on application, be reviewed by

    • (a) if the custody review officer is an officer designated by a commanding officer, that commanding officer; or

    • (b) if the custody review officer is a commanding officer, the next superior officer to whom the commanding officer is responsible in matters of discipline.

  • Marginal note:Powers

    (3) After giving a representative of the Canadian Forces and the released person an opportunity to be heard, the officer conducting the review may make any direction that a custody review officer may make under subsection (1). If he or she makes a direction, subsections (1.1) and (1.2) apply with any necessary modifications.

  • 1998, c. 35, s. 42
  • 2013, c. 24, s. 30(F)
  • 2019, c. 15, s. 19

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