The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Charges allocated for summary hearing: restriction on CO's powers in certain cases U.K.

49.—(1) Where a charge within article 46(3)(a) is (for the purposes of Part 5 of AFA 2006) allocated for summary hearing and paragraph (2) applies, the commanding officer of the accused may not hear the charge unless—

(a) the case, or a part of the case to which the charge relates, was referred back by the prosecuting authority under section 83B(2) or 83BB(2A) of AA 1955 or AFA 1955 or section 52I(2) or 52II(2A) of NDA 1957; or

(b) the case to which the charge relates has been referred to the commanding officer by a service policeman under section 116(3) of AFA 2006.

(2) This paragraph applies where—

(a) the allegation or circumstances which gave rise to the charge (“the circumstances”) are being or have been investigated by a service police force [F1 or the tri-service serious crime unit];

(b) the circumstances are being or have been investigated by a UK police force or overseas police force, and it appears to the commanding officer that that force may refer the matter to the service police; or

(c) the circumstances give or have given rise to the duty in section 113(1) or 114(1) of AFA 2006 (duties to inform service police).

(3) Where under this article a commanding officer is prevented from hearing a charge, he may not hear any charge substituted for that charge.

Textual Amendments

F1 Words in art. 49(2)(a) inserted (5.12.2022) by The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022 (S.I. 2022/1051), regs. 1(2), 4(2)