Withdrawal of Charges

Alternate Formats

Director of Military Prosecutions
Policy Directive: # 011/00
Original Date: 15 March 00
Subject: Withdrawal of Charges

1. Any reference in this policy to "Prosecutor" or "Prosecutors" shall be deemed to refer to any officer or officers who are members of the Canadian Military Prosecution Service and have been authorized by the Director of Military Prosecutions (DMP) to assist or represent the DMP pursuant to section 165.15 of the National Defence Act in preferring charges to court martial and in conducting prosecutions at courts martial.

2. Any reference in this policy to "charge" or "charges" shall be deemed to mean to any charge forwarded by a referral authority to the DMP.

3. The Regional Military Prosecutor (RMP), the Deputy Director of Military Prosecutions (D/DMP) and the DMP each have authority to finally dispose of certain kinds of charges by the exercise of prosecutorial discretion1.

4. Where the RMP does not have jurisdiction to finally dispose of a charge by the exercise of prosecutorial discretion, but forms the opinion that the charge ought to be withdrawn, he or she shall submit to the DMP or D/DMP a written recommendation.

5. In all matters where consultation with the DMP or D/DMP is required, the Prosecutor's first point of contact shall be the D/DMP; where the D/DMP is absent on temporary duty or leave, the Prosecutor may take matters directly to the DMP.

6. Where the D/DMP concurs with the recommendation of the RMP and has jurisdiction to finally dispose of the charge by the exercise of prosecutorial discretion, he or she may withdraw the charge.

7. Where the D/DMP concurs with the recommendation of the RMP and does not have jurisdiction to finally dispose of the charge by the exercise of prosecutorial discretion, he or she shall submit his or her recommendation to the DMP for consideration.

Availability of this Policy Statement

8. This policy statement is a public document. It is to be made available on request to defending officers/defence counsel, accused persons or members of the Canadian Forces and the public.


Footnotes

1 For a full explanation of the jurisdiction of RMP, D/DMP and DMP in this respect, see the policy entitled Prosecutorial Discretion and Post-Charge Screening.

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