(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.
Commencement Information
I1S. 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)
I2S. 118 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4