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Armed Forces Act 2006

Section 121: Power of DSP to direct bringing of charge etc

264.This section gives powers to the DSP where he has had a case referred to him by a service policeman (under section 116) or by a CO (under section 120). The powers are:

  • to direct a CO to bring specified charges

  • where he gives such a direction, to allocate the case for trial by the SCC if that court has jurisdiction

  • where he decides it would not be appropriate to give such a direction, to refer the case to the CO (in which event, under section 119 the CO has initial powers in relation to the case)

  • to give a direction (under section 127) barring further proceedings for an offence to which the case relates.

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