Section 120 Power of CO to charge etcI1 I2

United Kingdom

(1)

Subsections (2) and (3) apply where under section 119 a commanding officer has initial powers in respect of a case.

(2)

The officer may bring, in respect of the case, one or more charges that are capable of being heard summarily (see section 52).

(3)

The officer may refer the case to the Director of Service Prosecutions.

(4)

A charge brought under subsection (2) is to be regarded for the purposes of this Part as allocated for summary hearing.

(5)

F1Where an officer has referred a case under subsection (3), the officer must also refer to the Director of Service Prosecutions any other case—

(a)

which is of a description prescribed by regulations under section 128 for the purposes of this subsection, and

(b)

as respects which the officer has initial powers,

F2....

Annotations

F1: Words in s. 120(5) 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. 4(1)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
F2: Words in s. 120(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. 4(1)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

I1: S. 120 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. 120 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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)