National Defence Act

Marginal note:Military impact statement

• 203.71 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made on the behalf of the Canadian Forces describing the harm done to discipline, efficiency or morale as a result of the commission of the offence and the impact of the offence on discipline, efficiency or morale.

• Marginal note:Inquiry by court martial

  (1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).

• Marginal note:Adjournment

  (1.2) On application of the prosecutor or a person acting on behalf of the Canadian Forces or on its own motion, the court martial may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (5) if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.

• Marginal note:Filing of statement

  (2) The statement must be prepared by an officer or non-commissioned member who is authorized to do so by regulations made by the Governor in Council and it must be filed in accordance with regulations made by the Governor in Council.

• Marginal note:Presentation of statement

  (3) The court martial shall, at the request of the person who made the statement, permit the person to present the statement by reading it or by presenting it in any other manner that the court martial considers appropriate.

• Marginal note:Copy of statement

  (4) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.

• Marginal note:Evidence concerning Canadian Forces admissible

  (5) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning the Canadian Forces for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.