Armed Forces Act 2006

Part 16 Inquiries

343 Service inquiries

(1) The Secretary of State may make regulations for causing inquiries, to be known as service inquiries, to be held (whether or not in the United Kingdom) in prescribed circumstances in relation to matters connected with any of Her Majesty’s forces.

(2) The regulations may in particular make provision with respect to—

(a) the persons, to be known as a service inquiry panel, who are to conduct a service inquiry;

(b) the functions of a service inquiry panel;

(c) the matters that may, or must, be referred to a service inquiry panel;

(d) the persons who may convene, and refer matters to, a service inquiry panel;

(e) the procedure of service inquiry panels;

(f) evidence, including the admissibility of evidence;

(g) the representation of witnesses and other persons.

(3) Without prejudice to the generality of subsections (1) and (2), the regulations may make provision—

(a) conferring on a person designated for the purpose by the Secretary of State power to determine, in prescribed circumstances, that a matter of a kind that must be referred to a service inquiry panel need not be so referred (and as to the recording of such a determination);

(b) as to oaths and affirmations for witnesses and other persons;

(c) conferring on prescribed persons a right, subject to such exceptions as may be prescribed, to be present at proceedings of a service inquiry panel;

(d) for procuring the attendance of witnesses and other persons and the production of documents and other things (including the giving of notices by judge advocates);

(e) about the payment of expenses to persons attending proceedings of service inquiry panels;

(f) for the making and retention of records of the proceedings of service inquiry panels;

(g) for the supply of copies of such records, including provision about the fees payable for the supply of such copies;

(h) for evidence given before service inquiry panels not to be admissible at a summary hearing or in proceedings before a court of a prescribed description, except in the case of proceedings for an offence of a prescribed description.

(4) The regulations may also make provision which is equivalent to that made by any provision of section 35 of the Inquiries Act 2005 (c. 12) (offences in connection with inquiries), subject to such modifications as the Secretary of State considers appropriate.

(5) Where the regulations create an offence they may provide—

(a) that the offence is a service offence and is punishable by any punishment mentioned in rows 7 to 12 of the Table in section 164; or

(b) that the offence is an offence triable summarily by a civilian court in the United Kingdom, the Isle of Man or a British overseas territory and is punishable by a fine not exceeding level 3 on the standard scale.

(6) In this section “prescribed” means prescribed by regulations under this section.