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National Defence Act

Version of section 240.3 from 2003-01-01 to 2008-07-17:


Marginal note:Appeal against disposition

 On the hearing of an appeal respecting the legality of a disposition made under section 201, 202 or 202.16, the Court Martial Appeal Court may, where it allows the appeal, set aside the disposition and

  • (a) make any disposition under section 201 or 202.16 that the court martial could have made;

  • (b) except in the case of a disposition made by a General Court Martial or a Disciplinary Court Martial, remit the matter to the court martial for a re-hearing, in whole or in part, in accordance with any directions that the Court considers appropriate; or

  • (c) make any other order that justice requires.

  • 1991, c. 43, s. 26

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