(b) a reference in section 745.6 of the Criminal Code to the province in which a conviction took place is deemed, in respect of a conviction that took place outside Canada, to be a reference to the province in which the offender is incarcerated when the offender makes an application under that section.

Power of court martial to delay parole

140.4 (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction for an offence set out in Schedule I or II to that Act that is punishable under section 130 of this Act, a court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or ten years, whichever is less.

Condition

(2) The court martial may only make an order under subsection (1) if it is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the person, that the expression of society's denunciation of the offence or the objective of specific or general deterrence requires that the order be made.

Criminal organization offences

(3) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction under this Act for a criminal organization offence, the court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or ten years, whichever is less.

Principles

(4) For greater certainty, the paramount principles that are to guide the court martial under this section are denunciation and specific or general deterrence, with rehabilitation of the person, in all cases, being subordinate to those paramount principles.

37. Section 141 of the Act is amended by adding the following after subsection (1):

Effective date of dismissal

(1.1) A punishment of dismissal with disgrace from Her Majesty's service or dismissal from Her Majesty's service is deemed to be carried out as of the date on which the release of an officer or a non-commissioned member from the Canadian Forces is effected.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 41)

38. Section 142 of the Act is replaced by the following:

Detention

142. (1) The punishment of detention is subject to the following conditions:

    (a) detention may not exceed ninety days and a person sentenced to detention may not be subject to detention for more than ninety days consecutively by reason of more than one conviction; and

    (b) no officer may be sentenced to detention.

Reduction in rank during detention

(2) If a non-commissioned member above the rank of private is sentenced to detention, that person is deemed, for the period of the detention, to be reduced to the rank of private.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 43)

39. Sections 144 and 145 of the Act are replaced by the following:

Forfeiture of seniority

144. Where a court martial imposes a punishment of forfeiture of seniority on an officer or non-commissioned member, the court martial shall in passing sentence specify the period for which seniority is to be forfeited.

Fine

145. (1) A fine must be imposed in a stated amount.

Terms of payment

(2) The terms of payment of a fine are in the discretion of the service tribunal that imposes the fine.

Variation of terms of payment

(3) The terms of payment of a fine may be varied, in the case of a summary trial, by the officer who conducted the trial, and in the case of a court martial, by the military judge who imposed the fine or a military judge designated by the Chief Military Judge.

40. The headings before section 154 of the Act are replaced by the following:

DIVISION 3

ARREST AND PRE-TRIAL CUSTODY

Interpretation

Definitions

153. The definitions in this section apply in this Division.

``custody review officer''
« officier réviseur »

``custody review officer'', in respect of a person in custody, means

      (a) the officer who is the person's commanding officer, or an officer who is designated by that officer; or

      (b) if it is not practical for an officer referred to in paragraph (a) to act as the custody review officer, the officer who is the commanding officer of the unit or element where the person is in custody or an officer who is designated by that officer.

``designated offence''
« infraction désignée »

``designated offence'' means

      (a) an offence that is punishable under section 130 that is

        (i) listed in section 469 of the Criminal Code,

        (ii) contrary to subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act and punishable by imprisonment for life, or

        (iii) an offence of conspiring to commit an offence under any subsection referred to in subparagraph (ii);

      (b) an offence under this Act where the minimum punishment is imprisonment for life;

      (c) an offence under this Act for which a punishment higher in the scale of punishments than imprisonment for less than two years may be awarded that is alleged to have been committed while at large after having been released in respect of another offence pursuant to the provisions of this Division or Division 10; or

      (d) an offence under this Act that is a criminal organization offence.

Authority to Arrest

R.S., c. 31 (1st Supp.), s. 49 and s. 60 (Sch. I, s. 45)

41. The portion of section 156 of the Act before paragraph (b) is replaced by the following:

Powers of military police

156. Officers and non-commissioned members who are appointed as military police under regulations for the purposes of this section may

    (a) detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the person's rank or status, who has committed, is found committing, is believed on reasonable grounds to be about to commit or to have committed a service offence or who is charged with having committed a service offence; and

R.S., c. 31 (1st Supp.), ss. 51 to 56 and 60 (Sch. I, ss. 47 to 50); 1991, c. 43, ss. 14 to 16; 1992, c. 16, ss. 2 to 7; 1993, c. 34, s. 93(F)

42. Sections 158 to 179 of the Act are replaced by the following:

Release from custody

158. (1) A person arrested under this Act shall, as soon as is practicable, be released from custody by the person making the arrest, unless the person making the arrest believes on reasonable grounds that it is necessary that the person under arrest be retained in custody having regard to all the circumstances, including

    (a) the gravity of the offence alleged to have been committed;

    (b) the need to establish the identity of the person under arrest;

    (c) the need to secure or preserve evidence of or relating to the offence alleged to have been committed;

    (d) the need to ensure that the person under arrest will appear before a service tribunal or civil court to be dealt with according to law;

    (e) the need to prevent the continuation or repetition of the offence alleged to have been committed or the commission of any other offence; and

    (f) the necessity to ensure the safety of the person under arrest or any other person.

Retention in custody

(2) If an arrested person is to be retained in custody, the person shall be placed in service custody or civil custody. Such force as is reasonably necessary for the purpose may be used.

Duty to receive into service custody

(3) The officer or non-commissioned member in charge of a guard or a guard-room or an officer or non-commissioned member appointed for the purposes of section 156 shall receive and keep a person under arrest who is committed to his or her custody.

Account in writing

(4) The person who commits a person under arrest to service custody shall, at the time of committal, deliver to the officer or non-commissioned member into whose custody the person under arrest is committed a signed account in writing setting out why the person under arrest is being committed to custody.

Report of custody

158.1 (1) The officer or non-commissioned member into whose custody a person under arrest is committed shall, as soon as practicable, and in any case within twenty-four hours after the arrest of the person committed to custody, deliver a report of custody, in writing, to the custody review officer.

Contents

(2) The report of custody must set out the name of the person in custody, an account of the offence alleged to have been committed by that person so far as it is known and the name and rank, if any, of the person who committed the person into service custody.

Representa-
tions concerning release

(3) Before the report of custody is delivered to the custody review officer,

    (a) a copy of the report and the account in writing must be provided to the person in custody; and

    (b) the person in custody must be given the opportunity to make representations concerning the person's release from custody.

Representa-
tions to be reduced to writing

(4) Representations concerning release made by or on behalf of the person in custody must be reduced to writing or recorded by any other means.

Accompa-
nying documents

(5) When the report of custody is delivered, it must be accompanied by the account in writing and any representations made by or on behalf of the person in custody or a statement confirming that the person was given the opportunity to make representations but did not do so.

Initial Review

Review of report of custody

158.2 (1) The custody review officer shall review the report of custody and the accompanying documents as soon as practicable after receiving them and in any case within forty-eight hours after the arrest of the person committed to custody.

Duty to release

(2) After reviewing the report of custody and the accompanying documents, the custody review officer shall direct that the person committed to custody be released immediately unless the officer believes on reasonable grounds that it is necessary that the person be retained in custody, having regard to all the circumstances, including those set out in subsection 158(1).

Continuing duty to release

158.3 If, at any time after receiving the report of custody and before the person in custody is brought before a military judge, the custody review officer no longer believes that the grounds to retain the person in custody exist, the custody review officer shall direct that the person be released from custody.

Duty to retain in custody if designated offence

158.4 Notwithstanding subsection 158.2(2) and section 158.3, if the person in custody is charged with having committed a designated offence, the custody review officer shall direct that the person be retained in custody.

Duty to review where charge not laid

158.5 If a charge is not laid within seventy-two hours after the person in custody was arrested, the custody review officer shall determine why a charge has not been laid and reconsider whether it remains necessary to retain the person in custody.

Release with or without conditions

158.6 (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.

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.

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 respecting conditions that a custody review officer may make under subsection (1).

Review by Military Judge

Hearing by military judge

159. (1) A custody review officer who does not direct the release of a person from custody shall, as soon as practicable, cause the person to be taken before a military judge for the purpose of a hearing to determine whether the person is to be retained in custody.

Applicable operational considera-
tions

(2) In determining when it is practicable to cause the person to be taken before a military judge, the custody review officer may have regard to the constraints of military operations, including the location of the unit or element where the person is in custody and the circumstances under which it is deployed.

Onus on Canadian Forces

159.1 When the person retained in custody is taken before a military judge, the military judge shall direct that the person be released from custody unless counsel for the Canadian Forces, or in the absence of counsel a person appointed by the custody review officer, shows cause why the continued retention of the person in custody is justified or why any other direction under this Division should be made.

Justification for retention in custody

159.2 For the purposes of sections 159.1 and 159.3, the retention of a person in custody is only justified when one or more of the following grounds have been established to the satisfaction of the military judge:

    (a) custody is necessary to ensure the person's attendance before a service tribunal or a civil court to be dealt with according to law;

    (b) custody is necessary for the protection or the safety of the public, having regard to all the circumstances including any substantial likelihood that the person will, if released from custody, commit an offence or interfere with the administration of justice; and

    (c) any other just cause has been shown, having regard to the circumstances including the apparent strength of the prosecution's case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment.

Onus on person in custody

159.3 (1) Notwithstanding section 159.1, if the person in custody is charged with having committed a designated offence, the military judge shall direct that the person be retained in custody until dealt with according to law, unless the person shows cause why the person's retention in custody is not justified.

Release on undertaking

(2) If the person in custody shows cause why the person's retention in custody is not justified, the military judge shall direct that the person be released from custody on giving any undertaking to comply with any of the conditions referred to in section 158.6 that the military judge considers appropriate, unless the person in custody shows cause why the giving of an undertaking is not justified.

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.