Search Legislation

Armed Forces Act 2006

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

Chapter 2Charging and Mode of Trial

Powers of charging etc
119Circumstances in which CO has power to charge etc
Explanatory NotesShow EN

(1)This section sets out the circumstances in which a commanding officer has initial powers (defined by section 120) in respect of a case.

(2)If a commanding officer of a person becomes aware of an allegation which indicates, or circumstances which indicate, that the person has or may have committed a service offence, he has initial powers in respect of the case.

(3)Subsection (2) does not apply if the allegation or circumstances—

(a)give or have given rise to the duty under section 113(1) or 114(1);

(b)are being or have been investigated by a service police force; or

(c)are being or have been investigated by a UK police force or overseas police force, and it appears to the commanding officer that that force may refer the matter to the service police.

(4)A commanding officer has initial powers in respect of a case which a service policeman has referred to him under section 116(3) (referral of case following investigation by service or civilian police).

(5)A commanding officer has initial powers in respect of a case which the Director of Service Prosecutions has referred to him under section 121(4) (referral of case by DSP).

(6)If an allegation or circumstances mentioned in subsection (2) relate to two or more incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons, each person’s conduct in relation to each incident is to be regarded as giving rise to a separate case.

120Power of CO to charge etc
Explanatory NotesShow EN

(1)Subsections (2) and (3) apply where under section 119 a commanding officer has initial powers in respect of a case.

(2)The officer may bring, in respect of the case, one or more charges that are capable of being heard summarily (see section 52).

(3)The officer may refer the case to the Director of Service Prosecutions.

(4)A charge brought under subsection (2) is to be regarded for the purposes of this Part as allocated for summary hearing.

(5)Where an officer refers a case under subsection (3), any other case—

(a)which is of a description prescribed by regulations under section 128 for the purposes of this subsection, and

(b)as respects which the officer has initial powers,

is to be treated as referred under subsection (3) to the Director of Service Prosecutions.

121Power of DSP to direct bringing of charge etc
Explanatory NotesShow EN

(1)The powers in subsections (2) to (5) are exercisable by the Director of Service Prosecutions (“the Director”) in respect of a case which has been referred to him under—

(a)section 116(2) (referral of case following investigation by service or civilian police); or

(b)section 120(3) (referral of case by CO).

(2)The Director may direct the commanding officer of the person concerned to bring, in respect of the case, such charge or charges against him as may be specified in the direction.

(3)If—

(a)the Director makes a direction under subsection (2), and

(b)the Service Civilian Court has jurisdiction to try the charge specified in the direction,

the Director may allocate the charge for trial by that court.

(4)The Director may refer the case to the commanding officer of the person concerned, but only if he has decided that it would not be appropriate to make a direction under subsection (2) in respect of it.

(5)The Director may make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of any offence as regards which he could make a direction under subsection (2).

122Charges brought at direction of DSP
Explanatory NotesShow EN

(1)Where a direction under section 121(2) is given to an officer, he must bring the charge or charges specified in the direction.

(2)A charge brought as a result of such a direction—

(a)is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial if the Director of Service Prosecutions allocated it (under section 121(3)) for trial by that court;

(b)otherwise, is to be regarded for the purposes of this Part as allocated for Court Martial trial.

Powers of commanding officer or DSP after charge etc
123Powers of CO after charge
Explanatory NotesShow EN

(1)This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for summary hearing.

(2)The accused’s commanding officer may—

(a)amend the charge;

(b)substitute for the charge another charge against the accused;

(c)bring an additional charge against the accused;

(d)discontinue proceedings on the charge;

(e)refer the charge to the Director of Service Prosecutions.

(3)The powers under subsection (2) may be exercised before or after the start of any summary hearing of the charge.

(4)Any amended, substituted or additional charge under subsection (2)(a) to (c) must be capable of being heard summarily (see section 52).

(5)Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought.

(6)Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for summary hearing.

(7)Where a charge is referred under subsection (2)(e) to the Director of Service Prosecutions, the charge and any other charge brought in respect of the same case are to be regarded for the purposes of this Part as allocated for Court Martial trial.

124CO to hear charge allocated for summary hearing
Explanatory NotesShow EN

(1)This section applies in respect of a charge which is regarded for the purposes of this Part as allocated for summary hearing.

(2)The accused’s commanding officer must hear the charge summarily unless—

(a)he exercises his powers under section 123(2)(b), (d) or (e) in respect of the charge (substitution of charge, discontinuance of proceedings, or referral to DSP); or

(b)the accused elects Court Martial trial of the charge (see section 129).

(3)Subsection (2) is subject to sections 52 (charges capable of being heard summarily) and 54 (charges which may be heard summarily only with permission or by senior officer).

125Powers of DSP in respect of charge allocated for Court Martial trial
Explanatory NotesShow EN

(1)This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for Court Martial trial.

(2)The Director of Service Prosecutions may—

(a)amend the charge;

(b)substitute for the charge another charge against the accused;

(c)bring an additional charge against the accused;

(d)discontinue proceedings on the charge;

(e)refer the charge to the accused’s commanding officer, but only if the charge is capable of being heard summarily (see section 52);

(f)allocate the charge for trial by the Service Civilian Court, but only if the charge is one that that court has jurisdiction to try;

(g)make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of the offence charged or any offence that could be charged under paragraph (c) above.

(3)Court Martial rules may restrict the exercise of powers under subsection (2)—

(a)after arraignment by the Court Martial;

(b)after referral of the charge to the Court Martial under section 279(4) or 280(3) (referral by SCC); or

(c)where the charge is in respect of an offence which would be a relevant offence for the purposes of section 165 (election for trial by Court Martial) if the accused were convicted or acquitted of it.

(4)Subsection (3)(c) does not apply in relation to powers under subsection (2)(e) (which are restricted by section 130).

(5)Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought.

(6)Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for Court Martial trial.

(7)Any charge referred under subsection (2)(e) to a commanding officer is to be regarded for the purposes of this Part as allocated for summary hearing.

(8)Any charge allocated under subsection (2)(f) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial.

126Powers of DSP in respect of charge allocated for SCC trial
Explanatory NotesShow EN

(1)This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for Service Civilian Court trial.

(2)The Director of Service Prosecutions may—

(a)amend the charge;

(b)substitute for the charge another charge against the accused;

(c)bring an additional charge against the accused;

(d)discontinue proceedings on the charge;

(e)allocate the charge for trial by the Court Martial;

(f)make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of the offence charged or any offence that could be charged under paragraph (c) above.

(3)SCC rules may restrict the exercise, after a decision by the Service Civilian Court under section 279 as to whether it should try the charge, of powers under subsection (2).

(4)Any amended, substituted or additional charge under subsection (2)(a) to (c) must be one that the Service Civilian Court has jurisdiction to try.

(5)Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought.

(6)Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial.

(7)Any charge allocated under subsection (2)(e) is to be regarded for the purposes of this Part as allocated for Court Martial trial.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources