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11. Offences
against military justice
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Article 72-Offences
against conditions of conditional release
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| 72.1 |
Offences against Conditional release |
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Conditional release is the granting of conditional release from detainment of an accused person, who has been charged with a offence, that is underwritten by some oath of promise of re-appearance and financial surety and/or bond. Offences against conditional release is when such conditions are deliberately breahced by the offender, without legal excuse.
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Primary Fact(s) |
| 1. That an accused person has been commited to re-appear in regards a military case of one or more military charge of a certain level of seriousness and potential penalty; |
| 2. That the person has been granted conditional conditional release; |
| 3. That the person did knowingly and deliberately breach one or more conditions of their conditional release, without legal justifiability; |
| 4. That no remedy, admission, surrender and/or repair was made on the part of the person immediately upon such breach; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) Where conditions of conditional release of a level 2 case are breached; |
4-6 |
a) Where conditions of conditional release of a level 3 case are breached; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) Where conditions of conditional release of a level 4 case are breached; |
4-6 |
a) Where conditions of conditional release of a level 5 case are breached; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) Where conditions of conditional release of a level 6 case are breached; |
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| 72.2 |
Offences against Parole |
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Parole is the granting of conditional release from detainment and/or completion of sentence of a convicted military defendant.Offences against parole is when such conditions are deliberately breached by the offender, without legal excuse.
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Primary Fact(s) |
| 1. That a convicted person was sentenced in part to a period of custodial detention; |
| 2. That the person upon review of behaviour and degree of rehabilitation was granted under a parole review a granting of conditional parole from custodial detention; |
| 3. That the person did knowingly and deliberately breach one or more conditions of their parole, without legal justifiability; |
| 4. That no remedy, admission, surrender and/or repair was made on the part of the person immediately upon such breach; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) Where conditions of parole of a level 2 case are breached; |
4-6 |
a) Where conditions of parole of a level 3 case are breached; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) Where conditions of parole of a level 4 case are breached; |
4-6 |
a) Where conditions of parole of a level 5 case are breached; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) Where conditions of parole of a level 6 case are breached; |
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