The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

Referral of case to DSP by CO

This section has no associated Explanatory Memorandum

9.—(1) This regulation applies where under section 120(3) a commanding officer refers a case to the DSP after a service policeman has under section 116(3) referred the case to the commanding officer.

(2) If under regulation 7(2)(a) the service policeman provided the commanding officer with a written statement in relation to the case, the commanding officer must provide a copy of the statement to the DSP when he refers the case to the DSP.

(3) If under regulation 7(2)(a) the service policeman made an oral statement to the commanding officer in relation to the case, the service policeman must, as soon as practicable after being informed by the commanding officer of the referral, provide the DSP with a written statement, or make an oral statement to the DSP, specifying the service offence which the service policeman considers there is sufficient evidence to charge and why he considers that there is sufficient evidence.

(4) When the commanding officer refers the case to the DSP or as soon as reasonably practicable afterwards, he must provide the DSP with a copy of the case papers.