The Armed Forces (Forfeiture of Service) Regulations 2009

Determination that a trial may be dispensed with

3.—(1) This regulation applies where—

(a) during an interview conducted in accordance with the Service Police Code of Practice for the Treatment and Questioning of Persons by the Service Police(1), a member of the regular forces (“the deserter”) has made a confession to a service policeman that he is guilty of an offence under section 8 of the 2006 Act;

(b) the confession is in writing, and is signed and dated by the deserter; and

(c) the confession includes a statement of—

(i) the period during which the deserter admits having been in desertion; and

(ii) whether, at any time during that period, he intended to avoid a period of active service.

(2) Subject to paragraph (3), the deserter’s commanding officer may make a determination that a trial may be dispensed with in the deserter’s case.

(3) If—

(a) the confession includes a statement that the deserter intended, at any time during the period when he was in desertion, to avoid a period of active service, or

(b) the circumstances are such as would indicate to a reasonable person that the deserter may have so intended,

the commanding officer may not make a determination under paragraph (2) without the consent of the Director of Service Prosecutions.

(4) A commanding officer who makes a determination under paragraph (2) shall as soon as is practicable inform the deserter, or cause him to be informed, of—

(a) the determination;

(b) any direction given by the commanding officer under regulation 4(3); and

(c) the effect, if any, of regulation 4 (including that of any direction under regulation 4(3)) in relation to the deserter.

(5) In this regulation “active service” has the same meaning as in section 8 of the 2006 Act.

(1)

Code C made under section 113(3) and (4) of the Police and Criminal Evidence Act 1984 (c. 60).