Armed Forces Act 2006

Chapter 1 U.K. Investigation

Duties of commanding officers U.K.

113 CO to ensure service police aware of possibility serious offence committed U.K.

(1) If an officer becomes aware of an allegation or circumstances within subsection (2), he must as soon as is reasonably practicable ensure that a service police force [F1 or the tri-service serious crime unit] is aware of the matter.

(2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a Schedule 2 offence has or may have been committed by a relevant person.

(3) In subsection (2) “relevant person” means a person whose commanding officer is the officer mentioned in subsection (1).

(4) In this Chapter “Schedule 2 offence” means a service offence listed in Schedule 2.

(5) The Secretary of State may by order amend Schedule 2.

Textual Amendments

F1 Words in s. 113(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 26; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Commencement Information

I1 S. 113 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 113 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

114 CO to ensure service police aware of certain circumstances U.K.

(1) If an officer of a prescribed description becomes aware of circumstances of a prescribed description, he must as soon as is reasonably practicable ensure that a service police force [F2 or the tri-service serious crime unit] is aware of the matter.

(2) In this section “prescribed” means prescribed by regulations under section 128.

Textual Amendments

F2 Words in s. 114(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 27; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Commencement Information

I3 S. 114 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4 S. 114 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

115 Duty of CO with respect to investigation of service offences U.K.

(1) This section applies where—

(a) an officer becomes aware of an allegation or circumstances within subsection (2); and

(b) the officer is not required by section 113(1) or 114(1) to ensure that a service police force [F3 or the tri-service serious crime unit] is aware of the matter.

(2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a service offence has or may have been committed by a relevant person.

(3) In subsection (2) “relevant person” means a person whose commanding officer is the officer mentioned in subsection (1).

(4) The officer must either—

(a) ensure that the matter is investigated in such way and to such extent as is appropriate; or

(b) ensure, as soon as is reasonably practicable, that a service police force [F4 or the tri-service serious crime unit] is aware of the matter.

(5) Subsection (4) does not apply if the matter has already been investigated in such way and to such extent as is appropriate.

Textual Amendments

F3 Words in s. 115(1)(b) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 28; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F4 Words in s. 115(4)(b) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 28; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Commencement Information

I5 S. 115 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6 S. 115 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F5 Provost Marshal's duty in relation to independence of investigations U.K.

Textual Amendments

F5 S. 115A and cross-heading inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 3, 32(3); S.I. 2012/669, art. 4(a)

115A Provost Marshal's duty in relation to independence of investigations U.K.

(1) [F6 Subsection (2)] applies in relation to each service police force.

(2) The Provost Marshal of the force has a duty, owed to the Defence Council, to seek to ensure that all investigations carried out by the force are free from improper interference.

[F7 (2A) The Provost Marshal for serious crime has a duty, owed to the Defence Council, to seek to ensure that all investigations carried out by the tri-service serious crime unit are free from improper interference.]

(3) “Improper interference” includes, in particular, any attempt by a person who is not a service policeman to direct an investigation which is being carried out by the force [F8 or (as the case may be) the unit.]]

Textual Amendments

F6 Words in s. 115A(1) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 12(3)(a), 24(1); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F7 S. 115A(2A) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 12(3)(b), 24(1); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F8 Words in s. 115A(3) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 12(3)(c), 24(1); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Duty of service policeman following investigation U.K.

116 Referral of case following investigation by service or civilian police U.K.

(1) This section applies where—

(a) a service police force [F9 or the tri-service serious crime unit] has investigated an allegation which indicates, or circumstances which indicate, that a service offence has or may have been committed; or

(b) a UK police force or overseas police force has investigated such an allegation or such circumstances and has referred the matter to a service police force [F9 or the tri-service serious crime unit].

(2) If—

(a) a service policeman considers that there is sufficient evidence to charge a person with [F10 a service offence that is not a CO offence], or

(b) a service policeman considers that there is sufficient evidence to charge a person with [F11 a service offence that is a CO offence], and is aware of circumstances of a description prescribed by regulations under section 128 for the purposes of this paragraph,

he must refer the case to the Director of Service Prosecutions (“the Director”).

(3) If—

(a) a service policeman considers that there is sufficient evidence to charge a person with a service offence, F12 ...

(b) subsection (2) does not apply [F13 , and

(c) section 117(5) (referral of connected cases to DSP) does not apply,]

he must refer the case to the person's commanding officer.

[F14 (4) Subsection (4A) applies if—

(a) the allegation or circumstances would indicate to a reasonable person that [F15 a person has committed, or might have committed, a service offence which is not one that may be dealt with at a summary hearing (see section 53)], or

(b) any circumstances investigated are circumstances of a description prescribed by regulations under section 128 for the purposes of section 114,

and a service policeman proposes not to refer the case to the Director under subsection (2) [F16 or section 117(5)].

(4A) If this subsection applies, the service policeman must consult the Director as soon as is reasonably practicable (and before any referral of the case under subsection (3)).]

(5) [F17 For the purposes of this section—

(a)] there is sufficient evidence to charge a person with an offence if, were the evidence suggesting that the person committed the offence to be adduced in proceedings for the offence, the person could properly be convicted [F18 , and

(b) a service offence committed by a person is a “CO offence” if a charge against the person in respect of the offence is capable of being heard summarily by the person's commanding officer (see section 52).]

Textual Amendments

F9 Words in s. 116(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 29; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F10 Words in s. 116(2)(a) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(1)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F11 Words in s. 116(2)(b) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(1)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F12 Word in s. 116(3)(a) omitted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by virtue of Armed Forces Act 2016 (c. 21), ss. 3(2)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F13 S. 116(3)(c) and word inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(2)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F14 S. 116(4)(4A) substituted for s. 116(4) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 5(1); S.I. 2012/669, art. 4(d)

F15 Words in s. 116(4)(a) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(3)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F16 Words in s. 116(4) inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(3)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F17 Words in s. 116(5) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(4)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F18 S. 116(5)(b) and word inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(4)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

Modifications etc. (not altering text)

C1 S. 116 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 3 para. 9(2)

C2 S. 116 excluded (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 7(5) (with art. 3)

Commencement Information

I7 S. 116 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I8 S. 116 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

117 Section 116: position where investigation is of multiple offences or offenders U.K.

(1) This section applies where the investigation mentioned in section 116(1) relates to two or more incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons.

(2) Each person's conduct in relation to each incident is to be regarded as giving rise to a separate case.

[F19 (3) Subsections (4) and (5) apply if—

(a) at least one of the cases has been, or must be, referred to the Director of Service Prosecutions (“the Director”) under section 116(2),

(b) a service policeman considers that there is sufficient evidence to charge a person with a service offence in another of the cases,

(c) that case is not required to be referred to the Director under section 116(2), and

(d) the service policeman considers that there is, or may be, a connection between a case falling within paragraph (a) and the case falling within paragraph (c), whether direct or indirect, that makes it appropriate for both cases to be referred to the Director.

(4) The service policeman must consult the Director about the existence and nature of the connection between those cases.

(5) Following that consultation, if the service policeman considers that there is a connection described in subsection (3)(d), the service policeman must refer the case falling within subsection (3)(c) to the Director.

(6) The reference in this section to there being sufficient evidence to charge a person with a service offence is to be read in accordance with section 116(5)(a).]

Textual Amendments

F19 S. 117(3)-(6) substituted for s. 117(3) (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(5), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

Commencement Information

I9 S. 117 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I10 S. 117 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

118 Duty of service policeman to notify CO of referral to DSP U.K.

(1) This section applies where a service policeman considers that there is sufficient evidence to charge a person (“A”) with a service offence and refers the case under section 116(2) [F20 or 117(5)] to the Director of Service Prosecutions.

(2) The service policeman must as soon as reasonably practicable after referring the case—

(a) notify A's commanding officer of the referral; and

(b) provide prescribed documents to A's commanding officer.

[F21 (3) A notification under subsection (2)(a) must specify the service offence that the service policeman considers there is sufficient evidence to charge A with.

(3A) Where that offence is a CO offence, the notification must—

(a) specify whether the case is referred under section 116(2) or 117(5), and

(b) if the case is referred under section 116(2), specify the circumstances that bring the case within section 116(2)(b).]

(4) In this section—

(a) any reference to there being sufficient evidence to charge a person with a service offence is to be read in accordance with [F22 section 116(5)(a)];

[F23 (aa) any reference to a CO offence is to be read in accordance with section 116(5)(b);]

(b) “prescribed documents” means documents prescribed for the purposes of subsection (2)(b) by regulations under section 128.

F24 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Words in s. 118(1) inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F21 S. 118(3)(3A) substituted for s. 118(3) (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F22 Words in s. 118(4)(a) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(c), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F23 S. 118(4)(aa) inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(d), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F24 S. 118(5) omitted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by virtue of Armed Forces Act 2016 (c. 21), ss. 3(6)(e), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

Commencement Information

I11 S. 118 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I12 S. 118 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4