Direction on Release from Custody (CF)

[blue]

This may be a question for JAG, but after a member is released from custody, I understand that a release certificate be issued, as well as a report of why the member was in custody, and another concerning direction on release from custody.

If a member is having NDA charges laid against her, and was released on conditions [that the person remain under military authority, remain on base (not to go to a drinking mess), report during regular hours, etc.], how long is the norm until these conditions are lifted, assuming he/she is innocent of all charges?

 

[NoDuff]

I'm guessing the person in question was arrested by the Military Police or the NIS?  If this is the case they should have access to free legal advice from the JAG and I would take that over any forum posts (including mine!)

That being said, my understanding is that the conditions of release should be in place pending the outcome of summery trial / court martial.  As with civilian police imposed conditions it should be possible to have these conditions changed prior to this time by order of the imposing authority (crown) or a superior authority (judge).  If the person is cleared of the charges all conditions should be lifted. 

You eluded to that fact that this incident involved alcohol, if this is the case there may very well be administrative action taken as well under DAOD 5019-7: http://www.admfincs.forces.gc.ca/dao-doa/5000/5019-7-eng.asp
If this or another Admin Action/Review takes place they could face further conditions/restrictions.  Tell them to start reading the DOADs for more info.

 

[Franko]

This may be a question for JAG, but after a member is released from custody, I understand that a release certificate be issued, as well as a report of why the member was in custody, and another concerning direction on release from custody.

If a member is having NDA charges laid against her, and was released on conditions [that the person remain under military authority, remain on base (not to go to a drinking mess), report during regular hours, etc.], how long is the norm until these conditions are lifted, assuming he/she is innocent of all charges?

Normally the conditions are in effect until the trial has concluded or someone of higher authority lifts them.

This is usually cleared with a JAG first IIRC.

Regards