Regulation 2 Interpretation

In these Regulations—

• “the Act” means the Armed Forces Act 2006;

• “accused” means a person who has been charged with a service offence;

• “case papers” means in relation to a case or charge—

  1. (a)

     all reports relating to the case or charge and written by a service police force;

  2. (b)

     the following other papers relating to the case or charge prepared or obtained by a service police force—

     1. (i)

        all witness statements;

     2. (ii)

        all other records of evidence, including a summary or transcript of all tape-recorded interviews;

     3. (iii)

        a list of all exhibits and a statement of where any which are not documentary exhibits are held;

     4. (iv)

        all documentary exhibits;

     5. (v)

        all formal disciplinary records of the suspect maintained and held by any of Her Majesty’s forces;

     6. (vi)

        if no formal disciplinary record of the suspect is maintained and held by any of Her Majesty’s forces, a list of his convictions (if any) for a service offence and of his convictions (if any) by a civilian court;

     7. (vii)

        all documents to be provided, in accordance with a code of practice made by virtue of an order under section 78(2)(b) of the Criminal Procedure and Investigations Act 1996^f1, to a person involved in the prosecution of service offences; and

  3. (c)

     all papers equivalent to those within paragraphs (a) and (b), prepared by a UK police force or an overseas police force and provided by that force to a service police force;

• “Court Martial rules” means rules made under section 163;

• “DSP” means Director of Service Prosecutions;

• “hearing” means, with respect to an accused—

  1. (a)

     a hearing before a judge advocate under section 105(1) in relation to the accused;

  2. (b)

     a hearing before a judge advocate conducting a review under section 108(1), 110(4) or 171(2) in relation to the accused; or

  3. (c)

     any other hearing under the Act before a judge advocate in relation to a charge against the accused;

• “prescribed officer” means the officer of a prescribed description for the purposes of section 114;

• “Schedule 2 offence” has the same meaning as in Chapter 1 of Part 5 of the Act;

• “serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of a bodily function;

• “suspect” (in the definition of “case papers” in this regulation)—

  1. (d)

     where regulation 7 or 9 applies, means the person whom the service policeman considers there is sufficient evidence to charge with a service offence;

  2. (e)

     where regulation 10 applies, means the person concerned (within the meaning of section 121(4)).

Unless otherwise specified, a reference in these Regulations to a numbered section is a reference to that section of the Act.