The Armed Forces (Service Inquiries) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the holding of inquiries by the armed forces under the Armed Forces Act 2006. Regulation 3 provides for the appointment of convening authorities in relation to particular matters or categories of matter. Under regulation 4 the convening authority in relation to a matter may cause a service inquiry to be held into the matter. This is subject to a duty to hold a service inquiry into deaths of persons while subject to service law, if the convening authority considers that any lesson which is not apparent from the death may be learned by means of a service inquiry. Under regulation 4 the Defence Council may also cause a service inquiry to be held into any matter.

Regulation 5 provides for the convening of a service inquiry by order of the convening authority.

Regulations 6 and 7 deal with the membership of the panel conducting a service inquiry and with the provision of terms of reference by the convening authority to the service inquiry panel.

Under regulation 8 the convening authority may defer convening a service inquiry, or suspend such an inquiry to allow other investigations to be carried out or legal proceedings to be completed.

Regulation 9 provides for a service inquiry to end on the making of the final report or to be ended by the issue by the convening authority of a notice. Such a notice must give reasons for ending the inquiry. Regulation 9 also provides that termination by notice does not prevent the holding of another inquiry into the same matter.

Regulation 10 deals with procedure, adjournments and the recording of the proceedings and evidence.

Regulation 11 and Schedule 1 provides for the calling of witnesses, evidence by live television link and the giving of evidence under oath.

Regulation 12 deals with the exclusion of evidence given to a service inquiry from use as evidence in service disciplinary proceedings or in criminal proceedings before civilian courts.

Regulation 13, 14 and 15 and Schedule 2 provide for the application for, and the issue, service and revocation of, notices requiring witnesses to attend a service inquiry or to provide evidence.

Regulation 16 creates offences in relation to non-compliance with a witness notice and intentional interference with or suppression of evidence.

Regulation 17 requires the president of a service inquiry to obtain the convening authority’s consent before allowing a person other than a witness to attend the proceedings. Under the regulation, such attendance may be subject to reasonable conditions, imposed by the convening authority when giving his consent.

Under regulation 18 persons who, in the president’s opinion, may be affected as to their character or professional reputation by the inquiry’s findings are entitled to attend the inquiry. Attendance is subject to such conditions as the president, after consulting the convening authority, may reasonably impose. Where a person is entitled to be present, he has under regulation 18 rights to be represented, to give evidence and to question witnesses.

Regulation 19 deals with the presentation by a service inquiry of a provisional report or reports and the declaration by the convening authority of the final report.

Regulation 20 and Schedule 3 make transitory provision so that references to certain terms and expressions in the Regulations which are defined in the Armed Forces Act 2006 are interpreted as references to equivalent provisions in the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957, until replaced by the relevant provisions of the Armed Forces Act 2006.