SCHEDULE 1Further provision in relation to investigations under regulation 36 (investigations by the Commissioner)

PART 1Modifications

Application of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009I15

1

The Police and Criminal Evidence Act 1984 (Armed Forces) Order 200921 applies in relation to such investigations with the following modifications.

2

The Order is to be read as if any reference to—

a

an authorising service policeman is a reference to an authorising officer;

b

a service policeman (other than in the expression “authorising service policeman”) is a reference to a person designated under regulation 36(2) of these Regulations;

c

a service police establishment is a reference to premises used for the purpose of the functions of the Service Police Complaints Commissioner;

d

a Provost Marshal of a service police force is as a reference to the Service Police Complaints Commissioner.

3

Article 2 of that Order is to be read as if the definitions of “service police establishment” and “service policeman” were omitted.

4

Article 3 of that Order is to be read as if—

a

in paragraph (1) for “he is a service policeman of or above the rank of lieutenant commander, military or marine major or squadron leader”, there were substituted—

that person is the Service Police Complaints Commissioner or a senior investigating officer

b

in paragraph (2) for “he is a service policeman of or above the rank of naval lieutenant, military or marine captain or flight lieutenant” there were substituted—

that person is the Service Police Complaints Commissioner or an investigating officer who is at least a deputy senior investigating officer

c

in paragraph (3) for “any service policeman may act as an authorising service policeman if he is senior in rank to the service policeman seeking authorisation” there were substituted—

any investigating officer may act as an authorising officer if that officer is more senior than the officer seeking authorisation

5

Article 15J is to be read as if any reference to a service police force or the tri-service serious crime unit were references to the Service Police Complaints Commissioner.