# The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations relate to the provisions of Part 5 of the Armed Forces Act 2006 (“the Act”), and in particular to the investigation of suspected service offences, to the referral of cases and charges to the Director of Service Prosecutions (“DSP”) and commanding officers, to the procedure for bringing charges and to related powers to amend, substitute or add charges.
Regulation 3 prescribes circumstances, additional to those specified in the Act, which a commanding officer must ensure that a service police force is aware of.
Regulation 5 prescribes circumstances, additional to those specified in the Act, in which cases must be referred by the service police to the DSP instead of to the commanding officer of the person who is suspected of having committed a service offence. Regulation 1 brings the Regulations into force immediately primarily for the purpose of enabling a service policeman to report to a commanding officer, before 31st October 2009, that he is not aware, of any circumstances of a description prescribed by regulation 5. Where such a report has been made and certain other conditions are satisfied, the service policeman will be deemed under an order made under section 380 of the Act to have referred the case to the commanding officer under section 116(3) of the Act.
Regulations 7, 8, 9 and 10 impose requirements for the provision of documents in connection with the referral of cases. Regulation 8 also deals with the provision by a commanding officer to the DSP of information about a case which has been referred to the DSP.
Regulation 11 provides for the process of bringing a charge and, by reference to the Schedule, provides for the proper preparation of the charge sheet.
Regulation 12 provides for who must be given the charge sheet where a commanding officer brings a charge in accordance with a direction under section 121(2) of the Act from the DSP.
Regulation 13 provides for the application of regulation 11, and accordingly of the provisions of the Schedule, to the amending, substituting or adding of charges by a commanding officer.
Regulation 14 provides in relation to the amendment, substitution or adding of charges by the DSP before the accused is arraigned.
Regulation 15 provides for written notification to be given of the discontinuation of proceedings, the reference of a charge by the DSP to a commanding officer, the allocation or re-allocation of a charge to a service court and directions by the DSP barring proceedings.
Regulation 16 provides for the delegation by commanding officers to subordinate commanders of their functions under Part 5 of the Act and under these Regulations. Regulation 1 brings the Regulations into force immediately for the purpose of enabling commanding officers to make such delegations before 31st October 2009.
Regulation 17 makes transitional provision.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111479629/note (the official version)
Page: https://openlegislation.uk/draft-armed-forces-part-5-of-the-armed-forces-act-2006-regulations-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.