Section 115 Duty of CO with respect to investigation of service offencesI1I2
This section applies where—
an officer becomes aware of an allegation or circumstances within subsection (2); and
the officer is not required by section 113(1) or 114(1) to ensure that a service police force F1or the tri-service serious crime unit is aware of the matter.
An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a service offence has or may have been committed by a relevant person.
In subsection (2) “relevant person” means a person whose commanding officer is the officer mentioned in subsection (1).
The officer must either—
ensure that the matter is investigated in such way and to such extent as is appropriate; or
ensure, as soon as is reasonably practicable, that a service police force F2or the tri-service serious crime unit is aware of the matter.
Subsection (4) does not apply if the matter has already been investigated in such way and to such extent as is appropriate.
Annotations
Textual amendments
- F1
Words in s. 115(1)(b) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 28; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F2
Words in s. 115(4)(b) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 28; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
Commencement
- I1
S. 115 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)
- I2
S. 115 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)