Paragraph 243 Commanding Officer’s consideration of charge and Summary HearingI1

United Kingdom

Where a Commanding Officer, following a Service Police investigation or their own investigation has initial powers^f1 in respect of a case, the Victim Liaison Officer must inform the victim, without unreasonable delay, of:

(1)

any decision to charge or to refer the case to the Director of Service Prosecutions;

(2)

any decision not to charge or not to refer^f2 a case in which a suspect has been identified and questioned after caution to the Director of Service Prosecutions. They must give reasons for the decision to the victim, how they can access further information about the decision and how they can seek a review of the decision if they are dissatisfied with it in accordance with the Commanding Officers’ victims’ right to review scheme. Sufficient information must be provided to enable the victim to decide whether or not they wish a review to take place.

Annotations

Commencement

I1: Sch. para. 243 in force at 16.11.2015, see reg. 1

Footnotes

f1: In accordance with sections 119 and 120 of the Armed Forces Act 2006 (2006 c. 52).
f2: This only applies where a Commanding Officer does not have power to charge without first referring the case to the Director of Service Prosecutions.