Armed Forces Act 2021

Criminal Appeal Act 1995 (c. 35) U.K.

4 (1) Section 19 (power to require appointment of investigating officers) is amended as follows.

(2) After subsection (2) insert—

“(2A) Where the Commission has power to impose a requirement under paragraph (a) of subsection (2) and the public body referred to in that paragraph is mentioned in section 22(4A), that power includes power to impose the requirement on the Provost Marshal for serious crime (instead of the person who is the appropriate person in relation to the public body).”

(3) In subsection (4)(b), for the words from “either” to the end substitute “in a body selected by the chief officer which is—

(i) another police force,

(ii) a service police force, or

(iii) the tri-service serious crime unit.”

(4) In subsection (4A)—

(a) in the words before paragraph (a), for “a Provost Marshal” substitute “the Provost Marshal of a service police force”;

(b) in paragraph (a), for the words from “the” to “Marshal” substitute “that service police force”;

(c) for paragraph (b) substitute—

“(b) a requirement to appoint a person serving in a body selected by the Provost Marshal which is—

(i) a police force,

(ii) another service police force, or

(iii) the tri-service serious crime unit.”

(5) After subsection (4A) insert—

“(4B) A requirement under this section imposed on the Provost Marshal for serious crime may be—

(a) a requirement to appoint a person serving in the tri-service serious crime unit, or

(b) a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in a service police force selected by the Provost Marshal.”

(6) In subsection (5), for paragraph (b) substitute—

“(b) a requirement to appoint a person serving in a body selected by the appropriate person which is—

(i) a police force, a service police force or the tri-service serious crime unit, or

(ii) a public body (not falling within sub-paragraph (i)) having functions which consist of or include the investigation of offences.”

(7) In subsection (6)—

(a) in paragraph (b), for the words from “a police” to “body” substitute “a body mentioned in subsection (4)(b), (4A)(b), (4B)(b) or (5)(b)”;

(b) in the words after paragraph (b), after “(4A)” insert “, (4B)”.

(8) In subsection (7)—

(a) in the words before paragraph (a), after “body” insert “or by the Provost Marshal for serious crime”;

(b) in paragraph (a), after “body” insert “or (as the case requires) the Provost Marshal for serious crime”.

(9) After subsection (7) insert—

“(8) In this section “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”

Commencement Information

I1 Sch. 5 para. 4 not in force at Royal Assent, see s. 24(1)

I2 Sch. 5 para. 4 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(e)

I3 Sch. 5 para. 4 in force at 5.12.2022 in so far as not already in force by S.I. 2022/1095, reg. 4