Regulation 5 Referral of case following investigation by service or civilian police

For the purposes of section 116(2)(b), the following are prescribed circumstances—

(a)

the evidence referred to in section 116(2)(b) is evidence that a person subject to service law has been the victim of—

(i)

a course of conduct by a person subject to service law, involving on at least two occasions an assault in which that individual participated as a principal offender or as a secondary party; or

(ii)

an offence under section 42 as respects which the corresponding offence under the law of England and Wales is the offence under section 4 of the Protection from Harassment Act 1997, committed by a person subject to service law;

(b)

the evidence referred to in section 116(2)(b) is evidence that an assault causing serious injury was inflicted on a person subject to service law by a person of superior rank or rate while the assailant was otherwise carrying out his duties;

(c)

the evidence referred to in section 116(2)(b) is evidence—

(i)

that a person (“A”) participated (as a principal offender or as a secondary party) in the inflicting of serious injury on a relevant person in a relevant place;

(ii)

that A was under a duty to safeguard a relevant person (“B”) while B was in a relevant place and that A failed to prevent an assault inflicting serious injury on B in that place; or

(iii)

that A was under a duty to safeguard a person (“B”) while B was in a relevant place and that A failed to prevent B’s death being caused while B was in that place;

(d)

the evidence referred to in section 116(2)(b) is evidence that the death of a person was caused (directly or indirectly), or contributed to, by the misconduct of a person subject to service law or a civilian subject to service discipline, and that the misconduct occurred while the deceased was being held in a relevant place while in service custody.