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Armed Forces Act 2006

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Armed Forces Act 2006, Section 117 is up to date with all changes known to be in force on or before 05 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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117Section 116: position where investigation is of multiple offences or offendersU.K.
This section has no associated Explanatory Notes

(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.

[F1(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

F1S. 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

I1S. 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)

I2S. 117 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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