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13. Justice and operation of military courts
 
  Article 84-Military offence history  
84.1 Military offence history  
  The recording of a military offence conviction is considered a serious punishment under the military Code. However, it is not something that remains a permanent record, except in capital offences and offences of particular gravity and moral depravity.  
  In all other cases, a persons military history is only permitted to be kept active for the length of the allocated sentence. This is done for two reasons:  
  (1) A just rehabilitation of convicted offenders back into the military (where the offence is not grave);  
  (2) A just basis for including previous military cases in cases of re-offence  
84.2 The just rehabilitation of convicted offenders back into military  
  The existence of a military offence record means for most convicted military personnel an automatic limitation of a wide variety of services and opportunities.  
  Providing the offence is not grave and warrants a compulsory discharge, once a member of the armed forces has finished their sentence and has sought to rehabilitate themselves into the military, then depending upon the nature of the offence, they also deserve to see their military files are eventually expunged. In serious cases, this may take many years of no re-offence before a military record is cleared from the system, for other minor offences, it may only be a few years.  
  Any system that on the one hands demands rehabilitation, but on the other hand refuses to fully welcome a person back into the military without a permanent black mark against their name is a profoundly unjust system.  
84.3 A just basis for including previous military cases in cases of re-offence  
  The limits on the existence of military records is done for two reasons, (1) to allow convicted offenders to fully rehabilitate into the armed forces (where the offence does not carry a mandatory discharge) and (2) to permit the legitimate introduction of previous active military history into new proceedings.  
  Therefore under the Military Code and consistent with all other code, the re-introduction of previous case material of military conviction where a person has an active military record is not only permitted, but required by law.  
  However, the re-introduction of any previous case material of a previous military conviction where a person no longer has an active military record is itself a military offense and not permitted under any circumstance.  
84.4 Strict conditions for entry into new case of any previous conviction case material where an active military record exists  
  The following are the strict and limited conditions under which information from a previous conviction case may be entered into an active case where an active military record exists:  
  (1) To prove the charge of re-offence  
  The charge(s) under which the person was previously convicted, including the date, time, location, names of victims and immediate facts of the case.  
  (2) To prove consistency of character and likely recidivism (repeat offence)  
  Conditions and circumstances of previous offences which prove a consistent pattern of character to the present charges.  
  (3) As material evidence for the new case  
  Where a previous conviction is materially linked to the new offence and such previous evidence is materially relevant to the new case.  
     
     
 
 

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