Military police, prosecutors hold key to where criminal cases end up

OTTAWA – The Canadian Forces has launched the first comprehensive review of the military justice system in generations. Here are some facts about the system:

— Only serving military personnel can be charged under the National Defence Act and tried by court martial.

— A case against a service member is sent to court martial if military police lay a charge under the National Defence Act and military prosecutors agree to proceed through the military justice system.

— Military police can opt instead to charge a service member under the Criminal Code, which sends it to the civilian system. Military prosecutors can similarly decide after a review that the case would be better handled by the civilian courts.

— Military officials say 40 of 49 sexual assault cases involving military personnel last year were referred to the civilian courts.

— The National Defence Act allows for service members to be charged and convicted for specific military crimes as well as offences listed in the Criminal Code.