Regulation 3 Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

For regulation 11 (procedure for bringing a charge) substitute—

“Procedure for bringing a charge

11.

(1)

The procedure for bringing a charge against a person (“A”) under section 120(2), 121(1A)^f1 or 122(1) is as follows—

(a)

a charge sheet must be prepared in accordance with the Schedule;

(b)

the person bringing the charge must sign the charge sheet; and

(c)

a copy of the signed charge sheet must be served on A.

(2)

If A is subject to service law or a civilian subject to service discipline, a copy of the signed charge sheet must be served by hand on A by the commanding officer of A.

(3)

But if A has ceased to be subject to service law or a civilian subject to service discipline, a copy of the signed charge sheet must be served—

(a)

by hand on A by the commanding officer of A; or

(b)

by being left at, or sent by post to, A’s usual or last known address by—

(i)

the commanding officer; or

(ii)

the DSP if the charge is brought under section 121(1A).

(4)

When a charge is brought under section 121(1A) or 122(1), the DSP must provide a copy of the charge sheet to the court administration officer as soon as practicable after service of the charge sheet on the accused.

(5)

A commanding officer or the DSP may authorise a person to serve a copy of a signed charge sheet on his or her behalf.”.