Investigation and charging
I1I25Power of Director of Service Prosecutions to charge etc
1
In section 121 of AFA 2006 (power of the Director of Service Prosecutions to direct bringing of charges etc)—
a
in subsection (1), for “subsections (2) to (5)” substitute “
subsections (1A) to (5)
”
,
b
after subsection (1) insert—
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.
c
in subsection (4), after “appropriate” insert “
to bring a charge under subsection (1A) or
”
,
d
in subsection (5), after “could” insert “
bring a charge under subsection (1A) or
”
, and
e
in the heading, after “to” insert “
charge or
”
.
2
In section 122 of AFA 2006 (charges brought at the direction of the Director of Service Prosecutions)—
a
in subsection (2), for “brought as a result of such a direction” substitute “
brought by the Director of Service Prosecutions (“the Director”) under section 121(1A) or by an officer as a result of a direction under section 121(2)
”
,
b
in subsection (2)(a), for “the Director of Service Prosecutions allocated it (under section 121(3))” substitute “
the Director allocated it (under section 121(1B) or (3))
”
, and
c
in the heading, after “brought” insert “
by or
”
.
3
In the Youth Justice and Criminal Evidence Act 1999—
a
in section 45A(15)(b) (reporting restrictions: when proceedings in a service court commence), for “section 122” substitute “
section 121(1A) or 122
”
, and
b
in paragraph 6(6)(a) of Schedule 7 (reporting restrictions: transitional provision), for “section 122” substitute “
section 121(1A) or 122
”
.