Part 5Investigation, Charging and Mode of Trial

Chapter 1Investigation

Duty of service policeman following investigation

I1I2118Duty of service policeman to notify CO of referral to DSP

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) 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.

3

A notification under subsection (2)(a) must specify—

a

the service offence the service policeman considers there is sufficient evidence to charge A with; and

b

where that offence is not a Schedule 2 offence, the circumstances he is aware of that are of a description prescribed as mentioned in 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 section 116(5);

b

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

5

Section 117(3)(a) (certain cases to be treated as referred under section 116(2)) does not apply for the purposes of this section.