Explanatory Notes

Coroners and Justice Act 2009

2009 CHAPTER 25

12 November 2009

The Act

Commentary on Sections

Part 3 - Criminal evidence, investigations and procedure
Chapter 1: Anonymity in investigations
Section 84: Application to armed forces

456.By subsection (1), the provisions of this Chapter of the Act do not apply to investigations concerning service offences as defined by the Armed Forces Act 2006. However, subsections (2) and (3) give power to the Secretary of State to make provision by order equivalent to the provisions in this Chapter for that sort of investigation (subject to any modifications the Secretary of State considers appropriate). Provision may be made in such way as the Secretary of State considers appropriate, including applying any of the provisions of this Chapter, with or without modifications. This will allow the Secretary of State to provide for the use of investigation anonymity orders in investigations concerning service offences. An order made under this power is subject to the negative resolution procedure (section 176(4)).