{
  "url": "https://openlegislation.uk/draft-armed-forces-part-5-of-the-armed-forces-act-2006-regulations-2009/regulation-5",
  "json_url": "https://openlegislation.uk/draft-armed-forces-part-5-of-the-armed-forces-act-2006-regulations-2009/regulation-5.json",
  "legislation": "ukdsi/2009/9780111479629",
  "legislation_title": "The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/draft-armed-forces-part-5-of-the-armed-forces-act-2006-regulations-2009",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Referral of case following investigation by service or civilian police",
  "text": "For the purposes of section 116(2)(b), the following are prescribed circumstances—\n(a) the evidence referred to in section 116(2)(b) is evidence that a person subject to service law has been the victim of—\n(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\n(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;\n(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;\n(c) the evidence referred to in section 116(2)(b) is evidence—\n(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;\n(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\n(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;\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111479629/regulation/5",
    "retrieved_at": "2026-10-30T14:57:23.995041+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}