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Armed Forces Act 2006

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Armed Forces Act 2006, Section 119 is up to date with all changes known to be in force on or before 22 December 2024. 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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119Circumstances in which CO has power to charge etcU.K.
This section has no associated Explanatory Notes

(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 [F1or 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

F1Words 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)

Commencement Information

I1S. 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)

I2S. 119 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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