{
  "url": "https://openlegislation.uk/armed-forces-act-2006/section-365",
  "json_url": "https://openlegislation.uk/armed-forces-act-2006/section-365.json",
  "legislation": "ukpga/2006/52",
  "legislation_title": "Armed Forces Act 2006",
  "legislation_url": "https://openlegislation.uk/armed-forces-act-2006",
  "path": "section/365",
  "kind": "section",
  "number": "365",
  "heading": "Prosecuting officers",
  "text": "(1) The Director of Service Prosecutions (“the Director”) may appoint persons to be prosecuting officers.\n(2) A person may be appointed as a prosecuting officer only if he—\n(a) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;\n(b) is an advocate or solicitor in Scotland;\n(c) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or\n(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.\n(3) A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.\n(4) A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.\n(5) In this section “relevant territory” has the same meaning as in section 364.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in s. 365(1) substituted (23.12.2016) by Armed Forces Act 2011 (c. 18), ss. 21(a), 32(3); S.I. 2016/1232, art. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 365(2) substituted (23.12.2016) by Armed Forces Act 2011 (c. 18), ss. 21(b), 32(3); S.I. 2016/1232, art. 2"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 365(4) excluded (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 27(1) (with art. 3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 365 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)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 365 in force at 6.5.2009 for specified purposes by S.I. 2009/1167, art. 3(a)"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "S. 365 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2006/52/section/365",
    "retrieved_at": "2026-10-29T09:13:24.063324+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}