National Defence Act

Marginal note:Community impact statement

• 203.72 (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 by an individual on a community’s behalf, describing the harm or loss suffered by the community as a result of the commission of the offence and the impact of the offence on the community.

• 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 the community 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 (6) 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 filed in accordance with regulations made by the Governor in Council.

• Marginal note:Presentation of statement

  (3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by

  • (a) reading it;

  • (b) reading it in the presence and close proximity of any support person of the individual’s choice or a support animal;

  • (c) subject to subsection (4), reading it outside the courtroom or behind a screen or other device that would allow the individual not to see the offender; or

  • (d) presenting it in any other manner that the court martial considers appropriate.

• Marginal note:Conditions of exclusion

  (4) The individual making the statement shall not present it outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.

• Marginal note:Copy of statement

  (5) 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 community admissible

  (6) 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 community for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.