Enforce Code of Service Discipline

Name: Enforce Code of Service Discipline
Uploaded: 2017-10-18T22:14:15+00:00
Duration: PTM27S58
Channel: Samuel Chase
Description: Enforce Code of Service Discipline

Enforce Code of Service Discipline
Course: PRes BMQ EO: Rank/Name: Enforce Code of Service Discipline The purpose of military justice; Persons subject to the CSD; Arrest under the CSD; Summary trial; Court martial; Power of investigation, search, seizure and inspection; Duty to inform one’s superiors of an arrest by civil authorities. Time: References: B-GG /AF-022 Code of Conduct for CF Pers.

The purpose of military justice; Persons subject to the CSD; Arrest under the CSD; Summary trial; Court martial; Power of investigation, search, seizure and inspection; Duty to inform one’s superiors of an arrest by civil authorities. TP

The purpose of military justice. Persons subject to the CSD The purpose of military justice The definition of the law The law is two-fold: it regulates relationships between people; it provides a standard of behaviour and morality for all society, including the military.

The purpose of military justice. Persons subject to the CSD Sources of military law The sources of military law are the following: the National Defence Act (NDA); the Code of Service Discipline (CSD); regulations, orders and directives emanating from the NDA; the authority of the Crown (e.g. Cabinet Orders in Council). Note: “IGNORANCE OF THE LAW IS NO EXCUSE.”

The purpose of military justice, Persons subject to the CSD To ensure that you are aware of the regulations, the NDA is amplified and clarified in various orders: QR&Os: Queen’s Regulations and Orders of the CF (4 volumes); CFAOs: Canadian Forces Administrative Orders; DAODs: Defence Administrative Orders and Directives; ROs/SOs: Routine Orders and Standing Orders.

The purpose of military justice. Persons subject to the CSD The law and discipline The law and discipline are interdependent: the law deals with organizing and regulating society; discipline has to do with obedience to authority; voluntary obedience to orders must be based on a uniquely military commitment, spirit and ethics.

The purpose of military justice. Persons subject to the CSD Unique aspects of military discipline the greater scrutiny applied to the armed forces carries over into the member’s daily life; This higher degree of constraint emanates from the entire Code of Service Discipline. Indeed, the CSD covers military infractions but also incorporates civil infractions; If obedience cannot be ensured on a voluntary basis, it must then be imposed on a coercive basis. It is by becoming disciplined that soldiers provide the best guarantee that they will go into combat when the order is given.

The purpose of military justice. Persons subject to the CSD Persons subject to the CSD If you are a member of the Regular Force you are always subject to the CSD, both inside and outside Canada. If you are a member of the Reserve Force, you are subject to the CSD: while undergoing drill or training (whether you are in uniform or not); whenever you are in uniform; 24 hours a day, 7 days a week during any period of full time service (Class “B” or “C” service); whenever you are present on defence property; whenever you are in a vehicle, ship or aircraft of the CF.

Do you have any questions?

Question 1 What are the two aspects of the law’s operation?

Answer 1 The law regulates relationships between people; It provides a standard of behaviour and morality for all society, including the military.

Question 2 When am I subject to the CSD?

Answer 2 If you are a member of the Regular Force you are always subject to the CSD, both inside and outside Canada.. If you are a member of the Reserve Force, you are subject to the CSD: while undergoing drill or training (whether you are in uniform or not); whenever you are in uniform; 24 hours a day, 7 days a week during any period of full-time service (Class “B” or “C” service); whenever you are present on defence property; whenever you are in a vehicle, ship or aircraft of the CF.

The purpose of military justice; Persons subject to the CSD; Arrest under the CSD; Summary trial; Court martial Power of investigation, search, seizure and inspection; Duty to inform one’s superiors of an arrest by civil authorities. TP

Arrest under the CSD Under what circumstances can the military police arrest someone? It is within the authority of the military police (MP) to arrest without warrant any person subject to the CSD, if that person: has committed a service offence; is found committing a service offence; is believed to have committed a service offence; is believed to be about to commit a service offence; has been charged with having committed a service offence.

Arrest under the CSD Who else can make an arrest under the CSD? An officer has the power to arrest without warrant: any NCM (Pte to CWO); any officer of equal or lower rank; any officer of higher rank who is engaged in a quarrel, fight or disorder;

Arrest under the CSD A non-commissioned member (NCM) has the power to arrest without warrant: any NCM of lower rank; any NCM of equal or higher rank who is engaged in a quarrel, fight or disorder; Additionally, any CF member with a warrant for arrest issued under the provisions of the NDA can arrest another person subject to the CSD, irrespective of their rank or status.

Arrest under the CSD What about after I have left the CF? It is possible that you can be charged or arrested even if you have ceased to be subject to the CSD (e.g. after your release from the CF), as long as you were subject to the CSD at the time you allegedly committed a service offence. Also, anyone who is a deserter or absent without leave from the CF can be arrested without warrant by any civilian police officer or, if no police officer is available, by any other CF member.

Arrest under the CSD What happens when a person is arrested? Any person arrested must be informed without delay that they have the right to retain and instruct legal counsel; Any person arrested must not only be informed without delay of their right to consult legal counsel but also given the opportunity to so avail themselves; Upon arrest or detention, the military authorities must give the toll-free telephone number for the CF’s defence counsel services or any other telephone number for legal aid resources in the area;

Arrest under the CSD In addition to these rights, the Charter requires that any person arrested under the authority of the CSD be informed of the reason for their arrest; The CSD stipulates that any person arrested be released as soon as circumstances permit.

Question 1 Other than the military police, who can arrest someone under the authority of the CSD?

Answer 1 An officer has the power to arrest without warrant: any NCM (Pte to CWO); any officer of equal or lower rank; any officer of higher rank who is engaged in a quarrel, fight or disorder. A non-commissioned member (NCM) has the power to arrest without warrant: any NCM of lower rank; any NCM of equal or higher rank who is engaged in a quarrel, fight or disorder.

Enforce Code of Service Discipline Summary trial. Court martial
What are the differences between a summary trial and a court martial? The purpose of summary trials is to: try minor service offences that are important for the maintenance of military discipline and efficiency at the unit level; allow authorized officers to quickly render justice with regard to the alleged offences; allow the military member to return to duty as soon as possible.

The procedures of a summary trial are less formal than in a court martial: no strict rules of evidence; lawyers generally not involved; The powers of punishment of the presiding judges at summary trials are limited compared to those of courts martial;

Courts martial are formal military courts established under the National Defence Act that are presided over by military judges. A military prosecutor is assigned to prosecute each case and the accused has the right to be represented by defence counsel, either military or civilian;

Courts martial are used to deal with more serious offences and their procedures are similar to those of civilian criminal courts; The powers of punishment of courts martial vary depending on the type of court martial and the offences charged.

Powers of Punishment Powers of punishment represent the penalties that can be imposed on any person found guilty of a service offence by a service tribunal (in summary trial or court martial);

Unit commanding officers: may try the following in summary trial: a subordinate officer (OCdt); an NCM with rank below MWO/CPO2; may administer the following punishments: detention (up to 30 days); reduction in rank (by one rank); a reprimand; a fine (up to 60% of gross monthly pay);

CB (up to 21 days); extra work and drill (up to 14 days); stoppage of leave (up to 30 days); a warning. Note: A corporal or NCM of higher rank sentenced to detention is considered to be reduced to the rank of Private for the DURATION of the detention and their pay is duly adjusted (for that period only).

Delegated officers: must hold the rank of Capt/Lt (N) or higher; are appointed by the unit CO; may try an NCM with rank below WO/PO 1 in summary trial; may grant the accused the right to be tried by court martial;

may administer the following punishments: a reprimand; a fine not exceeding 25% of gross monthly salary; confining a Pte to barracks (up to 14 days); extra work (up to 7 days); stoppage of leave (up to 14 days); a warning.

Superior commanders (general/admiral rank): may try the following in summary trial: an officer below the rank of lieutenant-colonel; an NCM above the rank of sergeant; may administer the following punishments: a severe reprimand; a reprimand; a fine (up to 60% of gross monthly salary). Note: Courts martial have greater powers of punishment than summary trials.

Who chooses between summary trial and court martial? The majority of charges laid under the CSD can be tried either by summary trial or court martial. The accused is given the opportunity to elect the trial he or she prefers. Note: Lieutenant-colonels and above can be tried only by court martial.

There are 5 offences in the CSD which may be tried in summary trial without an election: insubordinate behaviour; quarrels and disturbances; absence without leave; drunkenness; conduct to the prejudice of good order and discipline (relating to military training, maintenance of personal kit, quarters or workspace, or dress and deportment).

If no election is offered to be tried by court martial, the maximum punishment that can be awarded at summary trial is a fine of 25% of one month’s basic pay; In addition, no choice of trial is given for the most serious charges under the CSD, such as “Negligent performance of duties,” and numerous charges under the Criminal Code. These charges are automatically sent through the chain of command to prosecuting authorities for trial by court martial.

Role of the assisting officer Every person charged under the CSD is entitled to help from an assisting officer as soon as a charge is laid; An assisting officer is an officer or, in exceptional circumstances, an NCM above the rank of sergeant.

The assisting officer: ensures that all persons accused are fully informed of the disciplinary proceedings to which they are subject and of their entitlements under the CSD; ensures that all accused persons offered a choice of trial are able to obtain a legal opinion before making a decision; can also help an accused person prepare and present their case at summary trial. Note: Anyone charged under the CSD and offered a choice of trial has the right to get free legal advice from Defence Counsel Services. They may also consult a civilian lawyer, but at their own expense.

Who presides over a summary trial? The officers authorized to preside over a summary trial are the following: superior commanders; commanding officers; delegated officers (officers to whom their unit CO has delegated powers of punishment). At the start of each summary trial, the presiding officer must swear an oath to administer justice according to law without partiality, favour or affection.

Superior commanders, commanding officers and delegated officers (officers to whom a CO has delegated the power to try and punish) preside over summary trials. When conducting a summary trial, these officers are referred to as “presiding officers.” When a summary trial begins, the presiding officer must swear an oath to administer justice according to law without partiality, favour or affection. In all but a very few circumstances an individual who was involved in the investigation or the laying of charges against you cannot preside at your summary trial.

Question 1 Who decides the case at a court martial?

Answer 1 All courts martial are presided over by a military judge.

Question 2 What powers of punishments do unit commanding officers have?

Answer 2 detention (up to 30 days); reduction in rank (by one rank); a reprimand; a fine (up to 60% of gross monthly pay); CB (up to 21 days); extra work and drill (up to 14 days); stoppage of leave (up to 30 days); a warning.

Question 3 What powers of punishment do delegated officers have?

Answer 3 a reprimand; a fine not exceeding 25% of gross monthly salary; confining a Pte to barracks (up to 14 days); extra work (up to 7 days); stoppage of leave (up to 14 days); a warning.

Question 4 What does “designated officer” mean?

Answer 4 An assisting officer is an officer or, in exceptional circumstances, an NCM above the rank of sergeant.

Question 5 Who presides over a summary trial?

Answer 5 superior commanders; unit commanding officers; delegated officers (officers with powers of punishments delegated from their unit CO).

Power of investigation, search, seizure and inspection. Duty to inform one’s superiors of an arrest by civil authorities Investigation The purpose of an investigation The purpose of a service offence investigation is to reconstruct events, gather evidence, identify elements of the alleged offence and identify those responsible. An investigation shall be conducted following a complaint or when there are reasons to believe that a service offence may have been committed.

Power of investigation, search, seizure and inspection. Duty to inform one’s superiors of an arrest by civil authorities The investigation shall be conducted as soon as possible to determine whether there are sufficient grounds to justify the laying of a charge. The investigation shall, as a minimum, collect all reasonably available evidence bearing on the guilt or innocence of the subject of the investigation.

Power of investigation, search, seizure and inspection. Duty to inform one’s superiors of an arrest by civil authorities Searches During the investigation process, it may be necessary to conduct a search of a person or their belongings. A search is an examination of a person or property, including a person’s house or other buildings, premises, or vehicle, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a service offence.

Power of investigation, search, seizure and inspection. Duty to inform one’s superiors of an arrest by civil authorities A commander may issue a warrant to search quarters, lockers or storage spaces belonging to the Canadian Forces, as well as the personal or movable property of any person subject to the Code of Service Discipline and located in or near a Defence establishment.

Power of investigation, search, seizure and inspection. Duty to inform one’s superiors of an arrest by civil authorities Inspections The difference between a search and an inspection should be fully understood. Inspections are conducted to ensure compliance with military standards for efficiency, kit and hygiene. For example, it is possible to inspect: married or single quarters for cleanliness and good condition; military members for their dress and deportment; kit for completeness and good condition; buildings, to ensure physical security and prevent fires; members of personnel, to ensure that munitions do not leave the firing range without authorization.

Power of investigation, search, seizure and inspection. Duty to inform one’s superiors of an arrest by civil authorities By law, during an inspection, any evidence of a service offence in plain view may be seized by the lead of the investigation. However, inspections shall not be conducted with the intent of seeking incriminating evidence in a place that would otherwise require a Search Warrant in order to be entered. For example, a locker inspection must not be conducted because of a belief that drugs may be found, seized and used as evidence in a disciplinary proceeding.

Power of investigation, search, seizure and inspection. Duty to inform one’s superiors of an arrest by civil authorities Duty to inform one’s superiors of an arrest by civil authorities The Act affects military members as follows: where an Officer or NCM has been arrested by a civil authority, the member shall cause the arrest to be reported to the member’s CO as soon as possible; if summoned, the member must appear in court; the member must ask permission to appear in court as a voluntary witness; the member must not disclose classified information; the member is not compelled to serve on a jury.

Question 1 What is the purpose of an investigation?

Answer 1 The purpose of a service offence investigation is to reconstruct events, gather evidence, identify elements of the alleged offence and identify those responsible. An investigation shall be conducted following a complaint or when there are reasons to believe that a service offence may have been committed.

Question 2 What must you do if arrested by civil authorities?

Answer 2 We must inform our commanding officer as soon as possible.

Question 1 Why do we have a CSD? Question 2 Who other than the military police may arrest someone under the CSD? Question 3 What is a charge? Question 4 What must you do if arrested by a civil authority?

Answer 1 The CSD is designed to assist unit commanders to promote discipline, efficiency, high morale and justice in the CF. Answer 2 An officer has the power to arrest without warrant: 1) any NCM (Pte to CWO); 2) any officer of equal or lower rank; 3) any officer of higher rank who is engaged in a quarrel, fight or disorder. A non-commissioned member (NCM) has the power to arrest without warrant: 1) any NCM of lower rank; 2) any NCM of equal or higher rank who is engaged in a quarrel, fight or disorder. Answer 3 It is the formal accusation that a service offence has been committed. Answer 4 You must immediately inform your unit commanding officer of the fact.

Course: PRes BMQ EO: Rank/Name: Enforce Code of Service Discipline The purpose of military justice; Persons subject to the CSD; Arrest under the CSD; Summary trial; Court martial; Power of investigation, search, seizure and inspection; Duty to inform one’s superiors of an arrest by civil authorities. Time: References: B-GG /AF-022 Code of Conduct for CF Pers.

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