Armed Forces Act 2006

116 Referral of case following investigation by service or civilian police

(1) This section applies where—

(a) a service police force has investigated an allegation which indicates, or circumstances which indicate, that a service offence has or may have been committed; or

(b) a UK police force or overseas police force has investigated such an allegation or such circumstances and has referred the matter to a service police force.

(2) If—

(a) a service policeman considers that there is sufficient evidence to charge a person with a Schedule 2 offence, or

(b) a service policeman considers that there is sufficient evidence to charge a person with any other service offence, and is aware of circumstances of a description prescribed by regulations under section 128 for the purposes of this paragraph,

he must refer the case to the Director of Service Prosecutions (“the Director”).

(3) If—

(a) a service policeman considers that there is sufficient evidence to charge a person with a service offence, and

(b) subsection (2) does not apply,

he must refer the case to the person’s commanding officer.

(4) If—

(a) the allegation or circumstances gave rise to the duty under section 113(1) or 114(1), and

(b) a service policeman proposes not to refer the case to the Director under subsection (2),

he must consult the Director as soon as is reasonably practicable (and before any referral of the case under subsection (3)).

(5) For the purposes of subsections (2) and (3) there is sufficient evidence to charge a person with an offence if, were the evidence suggesting that the person committed the offence to be adduced in proceedings for the offence, the person could properly be convicted.