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Section 118 Duty of service policeman to notify CO of referral to DSPI1I2

United Kingdom

(1)

This section applies where a service policeman considers that there is sufficient evidence to charge a person (“A”) with a service offence and refers the case under section 116(2) F1or 117(5) to the Director of Service Prosecutions.

(2)

The service policeman must as soon as reasonably practicable after referring the case—

(a)

notify A's commanding officer of the referral; and

(b)

provide prescribed documents to A's commanding officer.

F2(3)

A notification under subsection (2)(a) must specify the service offence that the service policeman considers there is sufficient evidence to charge A with.

(3A)

Where that offence is a CO offence, the notification must—

(a)

specify whether the case is referred under section 116(2) or 117(5), and

(b)

if the case is referred under section 116(2), specify the circumstances that bring the case within section 116(2)(b).

(4)

In this section—

(a)

any reference to there being sufficient evidence to charge a person with a service offence is to be read in accordance with F3section 116(5)(a);

F4(aa)

any reference to a CO offence is to be read in accordance with section 116(5)(b);

(b)

“prescribed documents” means documents prescribed for the purposes of subsection (2)(b) by regulations under section 128.

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 118(1) inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F2

S. 118(3)(3A) substituted for s. 118(3) (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F3

Words in s. 118(4)(a) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(c), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F4

S. 118(4)(aa) inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(6)(d), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

F5

S. 118(5) omitted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by virtue of Armed Forces Act 2016 (c. 21), ss. 3(6)(e), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

Commencement

I1

S. 118 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. 118 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)