Part 5Investigation, Charging and Mode of Trial

Chapter 1Investigation

Duties of commanding officers

I1I5113CO to ensure service police aware of possibility serious offence committed

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 F1or 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.

I2I4114CO to ensure service police aware of certain circumstances

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 F2or the tri-service serious crime unit is aware of the matter.

2

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

I3I6115Duty of CO with respect to investigation of service offences

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 F3or 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 F4or 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.