Explanatory Notes

Armed Forces Act 2011

2011 CHAPTER 18

3 November 2011

Commentary on Sections

Section 21: Persons eligible to be prosecuting officers

86.Under AFA 2006 the Director of Service Prosecutions has a number of functions, in particular in relation to the bringing of charges and proceedings. Under section 365 of that Act the Director of Service Prosecutions may appoint officers of the armed forces to carry out these functions. The officers must also have a prescribed legal qualification. Section 21 amends section 365 so that the Director may also appoint civilians with the prescribed qualifications to carry out these functions.