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Military police, prosecutors hold key to where criminal cases end up

October 09, 2016 - 11:05 AM

OTTAWA - The Canadian Forces has launched the first comprehensive review of the military justice system in generations. Here are some facts about the system:

— Only serving military personnel can be charged under the National Defence Act and tried by court martial.

— A case against a service member is sent to court martial if military police lay a charge under the National Defence Act and military prosecutors agree to proceed through the military justice system.

— Military police can opt instead to charge a service member under the Criminal Code, which sends it to the civilian system. Military prosecutors can similarly decide after a review that the case would be better handled by the civilian courts.

— Military officials say 40 of 49 sexual assault cases involving military personnel last year were referred to the civilian courts.

— The National Defence Act allows for service members to be charged and convicted for specific military crimes as well as offences listed in the Criminal Code.

News from © The Canadian Press, 2016
The Canadian Press

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