(1)The powers in [F2subsections (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);
[F3(aa)section 117(5) (referral of connected cases);] or
(b)section 120(3) [F4or (5)] (referral of case by CO).
[F5(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 [F6to 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 [F7bring a charge under subsection (1A) or] make a direction under subsection (2).
Textual Amendments
F1Words 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)
F2Words 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)
F3S. 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)
F4Words 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)
F5S. 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)
F6Words 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)
F7Words 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
I1S. 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)
I2S. 121 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4