General Instructions in Respect of Prosecutions

Alternate Formats

JAG Policy Directive: # 008/00
Original Date: 23 March 00
Subject: General instructions in respect of prosecutions
Cross Reference: Section 165.17(2) of NDA

GENERAL INSTRUCTIONS IN RESPECT OF PROSECUTIONS

1. This general instruction is issued to the Director of Military Prosecutions pursuant to my authority under section 165.17(2) of the National Defence Act.

2. In accordance with the requirements of an open, transparent and accountable military justice system and consistent with the practice of other prosecution authorities across Canada, I am instructing you to develop, implement and make publicly available prosecution policies in the following areas :

  1. the Canadian Military Prosecution Service's relationship with the Canadian Forces National Investigation Service;
  2. pre-charge screening;
  3. exercise of prosecutorial discretion and post-charge screening;
  4. prosecution of sexual assault cases;
  5. the Canadian Military Prosecution Service's relationship with Canadian Forces authorities;
  6. disclosure of courts martial;
  7. responding to victims' needs;
  8. plea, trial and sentence resolution Discussions;
  9. Canadian Military Prosecution Service's relationship with Unit Legal Advisers;
  10. accountability, independence and consultation;
  11. withdrawal of charges;
  12. witness interviews; and
  13. immunity from prosecution.

3. These policies are to come into effect no later than 31 March 2000.

//SIGNED//
Jerry S.T. Pitzul
BGen
JAG

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