Post Trial Administration

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Chapter 16

• Post - Trial Administration

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Objective

• Describe the administrative action that must be
  completed following a summary trial by a
  presiding officer, commanding officer, review
  authorities and other military authorities
  involved in the disciplinary process

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Main Points

• Unit Registry of Disciplinary Proceedings
• Role of the Presiding Officer
• Role of the Commanding Officer
• Role of the Review Authority
• Role of the Unit Legal Advisor

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General

• Final Disposition means
• a decision not to proceed
• the staying of proceedings on alternative charges
• a finding of not guilty

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General

• Purpose of post-trial administration
• standardize procedures governing the retention,
  release and legal review of summary trial
  documents
• ensure a sentence imposed at summary trial is
  enforced
• ensure the members service records accurately
  reflect the final disposition sentence

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Unit Registry of Disciplinary Proceedings

• Relevant information is readily available to a
  review authority conducting a review of a summary
  trial
• Specific documents are available for review by
  the unit legal advisor as part of the JAGs
  mandate to superintend the military justice
  system

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Documents to be filed in the unit registry of
disciplinary proceedings are

• a copy of any RDP referred to the CO or a
  delegated officer by the person who laid the
  charge
• a copy of the application, RDP and any
  investigative report when an application is made
  for disposal of charges to a referral authority
• the original RDP along with a copy of the report
  of investigation conducted pursuant to QRO
  Chapter 106 when a final disposition of all
  charges has been made
• a copy of any decision made by a review authority
  pursuant to QRO 108.45 and QRO 116.02

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Documents NOT to be placed on unit registry of
disciplinary proceedings

• Minutes or reports of any board of inquiry,
  summary investigation or other investigation
  conducted for non-disciplinary purposes
• Minutes or reports of any investigation that do
  not pertain to the accused person named in Part 1
  of the RDP

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Any member of the public may request a copy of an
RDP

• The means of accessing has been formalized and CO
  is required to comply as soon as practicable
• Request must be submitted in writing and provide
• name, rank and SN of the accused
• type of offence charged
• particulars of the charge - date, time and place
• date charge laid
• date summary trial held
• date sentence (if any) was passed
• sufficient information to identify the RDP

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Only the following attachments can be released

• any statement of additional offences attached to
  Part 1 of the RDP
• a statement of special findings attached to Part
  6 of the RDP

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Release of an RDP is prohibited

• when a court order restricts access to the RDP or
  information therein
• when a pardon has been granted
• when a person, other than a CF member, allegedly
  committed an offence under the age of 18
• when the CO has reasonable grounds to believe the
  release may threaten the safety of any person

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Roles of the Presiding Officer

• enter the findings for each charge and the
  sentence (if any) in Part 6 of the RDP
• ensure the original RDP and a copy of the
  investigative report are placed in the unit
  registry of disciplinary proceedings
• cause a copy of the RDP to be forwarded to the
  accuseds CO (when trial not conducted by CO of
  accused)

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Role of the Commanding Officer

• When a presiding officer has made a finding of
  guilt and imposed a sentence, the CO shall
• take the necessary action to ensure any sentence
  is carried out
• cause appropriate entries to be made to the
  offenders service records, including the conduct
  sheet
• cause the appropriate entries to be made to the
  offenders service records including conduct
  sheet when the finding or sentence is altered by
  a review authority
• take the necessary action to give effect to the
  decision of the review authority

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Role of the Commanding Officer

• COs are also required to forward to the unit
  legal officer, by the 7th day of each month
• a copy of any application made to a referral
  authority for disposal of a charge and a copy of
  the investigation conducted under QRO 106
• a copy of any RDP which resulted in a final
  disposition in the past month
• a copy of any decision by a review authority that
  results in the quashing of a finding or altering
  of a sentence

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Role of Review Authority

• As soon as practicable the review authority shall
  notify in writing
• the offender who requested the review
• the presiding officer
• the offenders CO (in those cases when the review
  authority is neither the CO nor the presiding
  officer)

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Role of the Unit Legal Advisor

• Review copies of all documents to detect error
• Monitor compliance with procedural requirements
  of the summary trial process
• If any errors, CO must be advised as well as any
  other appropriate service authority
• JAG has the responsibility to superintend the
  administration of military justice and report
  annual to the MND

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Chapter 16

• Post - Trial Administration
• The End

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