Armed Forces Act 2006

Service Prosecuting Authority U.K.

364 Director of Service Prosecutions U.K.

(1) Her Majesty may appoint a person as the Director of Service Prosecutions.

(2) A person may be appointed as the Director of Service Prosecutions only if he—

(a) has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b) is an advocate or solicitor in Scotland of at least ten years' standing;

(c) is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years' standing; or

(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.

(3) The Director of Service Prosecutions shall hold and vacate office in accordance with the terms of his appointment.

(4) In this section “relevant territory” means—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) a Commonwealth country; or

(d) a British overseas territory.

Commencement Information

I1 S. 364 in force at 24.6.2008 by S.I. 2008/1650, art. 4(b)

365 Prosecuting officers U.K.

(1) The Director of Service Prosecutions (“the Director”) may appoint [F1 persons] to be prosecuting officers.

(2) [F2 A person] may be appointed as a prosecuting officer only if he—

(a) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) is an advocate or solicitor in Scotland;

(c) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(3) A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.

(4) A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.

(5) In this section “relevant territory” has the same meaning as in section 364.

Textual Amendments

F1 Word in s. 365(1) substituted (23.12.2016) by Armed Forces Act 2011 (c. 18), ss. 21(a), 32(3); S.I. 2016/1232, art. 2

F2 Words in s. 365(2) substituted (23.12.2016) by Armed Forces Act 2011 (c. 18), ss. 21(b), 32(3); S.I. 2016/1232, art. 2

Modifications etc. (not altering text)

C1 S. 365(4) excluded (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 27(1) (with art. 3)

Commencement Information

I2 S. 365 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I3 S. 365 in force at 6.5.2009 for specified purposes by S.I. 2009/1167, art. 3(a)

I4 S. 365 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4