Armed Forces Act 2006

Powers of charging etc U.K.

119 Circumstances in which CO has power to charge etc U.K.

(1) This section sets out the circumstances in which a commanding officer has initial powers (defined by section 120) in respect of a case.

(2) If a commanding officer of a person becomes aware of an allegation which indicates, or circumstances which indicate, that the person has or may have committed a service offence, he has initial powers in respect of the case.

(3) Subsection (2) does not apply if the allegation or circumstances—

(a) give or have given rise to the duty under section 113(1) or 114(1);

(b) are being or have been investigated by a service police force [F1 or the tri-service serious crime unit]; or

(c) 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.

(4) A commanding officer has initial powers in respect of a case which a service policeman has referred to him under section 116(3) (referral of case following investigation by service or civilian police).

(5) A commanding officer has initial powers in respect of a case which the Director of Service Prosecutions has referred to him under section 121(4) (referral of case by DSP).

(6) If an allegation or circumstances mentioned in subsection (2) relate to two or more incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons, each person's conduct in relation to each incident is to be regarded as giving rise to a separate case.

Textual Amendments

F1 Words in s. 119(3)(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. 30; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Modifications etc. (not altering text)

C1 S. 119 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)

Commencement Information

I1 S. 119 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. 119 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

120 Power of CO to charge etc U.K.

(1) Subsections (2) and (3) apply where under section 119 a commanding officer has initial powers in respect of a case.

(2) The officer may bring, in respect of the case, one or more charges that are capable of being heard summarily (see section 52).

(3) The officer may refer the case to the Director of Service Prosecutions.

(4) A charge brought under subsection (2) is to be regarded for the purposes of this Part as allocated for summary hearing.

(5) [F2 Where an officer has referred a case under subsection (3), the officer must also refer to the Director of Service Prosecutions any other case—]

(a) which is of a description prescribed by regulations under section 128 for the purposes of this subsection, and

(b) as respects which the officer has initial powers,

F3 ....

Textual Amendments

F2 Words in s. 120(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. 4(1)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F3 Words in s. 120(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. 4(1)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

Commencement Information

I3 S. 120 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. 120 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

121 Power of DSP to [F4 charge or] direct bringing of charge etc U.K.

(1) The powers in [F5 subsections (1A) to (5)] are exercisable by the Director of Service Prosecutions (“the Director”) in respect of a case which has been referred to him under—

(a) section 116(2) (referral of case following investigation by service or civilian police);

[F6 (aa) section 117(5) (referral of connected cases);] or

(b) section 120(3) [F7 or (5)] (referral of case by CO).

[F8 (1A) The Director may bring a charge or charges against the person concerned in respect of the case.

(1B) If—

(a) the Director brings a charge under subsection (1A), and

(b) the Service Civilian Court has jurisdiction to try the charge,

the Director may allocate the charge for trial by that court.]

(2) The Director may direct the commanding officer of the person concerned to bring, in respect of the case, such charge or charges against him as may be specified in the direction.

(3) If—

(a) the Director makes a direction under subsection (2), and

(b) the Service Civilian Court has jurisdiction to try the charge specified in the direction,

the Director may allocate the charge for trial by that court.

(4) The Director may refer the case to the commanding officer of the person concerned, but only if he has decided that it would not be appropriate [F9 to bring a charge under subsection (1A) or] to make a direction under subsection (2) in respect of it.

(5) The Director may make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of any offence as regards which he could [F10 bring a charge under subsection (1A) or] make a direction under subsection (2).

Textual Amendments

F4 Words in s. 121 heading 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. 5(1)(e), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F5 Words in s. 121(1) 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. 5(1)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F6 S. 121(1)(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(7), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F7 Words in s. 121(1)(b) 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. 4(2), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F8 S. 121(1A)(1B) 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. 5(1)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F9 Words in s. 121(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. 5(1)(c), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F10 Words in s. 121(5) 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. 5(1)(d), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

Commencement Information

I5 S. 121 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. 121 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

122 Charges brought [F11 by or] at direction of DSP U.K.

(1) Where a direction under section 121(2) is given to an officer, he must bring the charge or charges specified in the direction.

(2) A charge [F12 brought by the Director of Service Prosecutions (“the Director”) under section 121(1A) or by an officer as a result of a direction under section 121(2)]—

(a) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial if [F13 the Director allocated it (under section 121(1B) or (3))] for trial by that court;

(b) otherwise, is to be regarded for the purposes of this Part as allocated for Court Martial trial.

Textual Amendments

F11 Words in s. 122 heading 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. 5(2)(c), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F12 Words in s. 122(2) 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. 5(2)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F13 Words in s. 122(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. 5(2)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

Commencement Information

I7 S. 122 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. 122 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4