The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009 and shall come into force on 31st October 2009.

(2) In this Order—

“2006 Act” means the Armed Forces Act 2006(1);

“Code” means the code of practice set out in the Schedule;

“material” means material of all kinds, including information and objects;

“service court” means the Summary Appeal Court, the Service Civilian Court, the Court Martial or the Court Martial Appeal Court;

“service investigation” means an investigation conducted by a service policeman with a view to it being ascertained—

(a)

whether a person should be charged with a service offence; or

(b)

whether a person charged with a service offence is guilty of it; and

“service police force” means the Royal Navy Police, the Royal Military Police or the Royal Air Force Police.

(3) In this Order—

(a) subject to sub-paragraphs (b) and (c), “service policeman” means a member of a service police force;

(b) a Provost Marshal is to be taken to be a member of the appropriate service police force (if he is not a member of that force);

(c) an officer in the Royal Air Force or the Royal Auxiliary Air Force who is appointed to exercise functions conferred by or under the 2006 Act on service policemen is to be taken to be a member of the Royal Air Force Police.

Revocation

2.—(1) Subject to paragraph (2), the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2008(2) is revoked.

(2) Where the Code applies in relation to a suspected or alleged service offence, the rules of common law which—

(a) were effective immediately before 1st April 2008, and

(b) relate to the matter mentioned in paragraph (3),

shall not apply in relation to the suspected or alleged service offence.

(3) The matter is the revealing of material by a service policeman charged with the duty of conducting a service investigation to a person involved in the prosecution of service offences.

Code of practice

3.  Subject to article 7(2), and to paragraph 11 of the Code, the Code shall have effect in relation to service investigations which begin on or after this Order comes into force.

Effect of the Code

4.  A failure by a service policeman to comply with any provision of the Code shall not in itself render him liable to proceedings for a service offence.

5.  In all proceedings before a service court the Code shall be admissible in evidence.

6.  If it appears to a service court conducting proceedings that—

(a) any provision of the Code, or

(b) any failure by a service policeman,

is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.

Transitional provisions

7.—(1) In this Order—

(a) “commencement” means the date on which this Order comes into force;

(b) “old code” means the code of practice under the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2008;

(c) “SDA offence” means an offence committed before commencement under the Army Act 1955(3), the Air Force Act 1955(4), the Naval Discipline Act 1957(5), the Armed Forces Act 1991(6) or the Reserve Forces Act 1996(7);

(d) “service offence” includes an SDA offence.

(2) Where immediately before commencement the old code applied in relation to a service investigation the Code shall apply in relation to it, but anything done in relation to the investigation before commencement in accordance with the old code shall be treated as being done in accordance with the Code.

Kevan Jones

Parliamentary Under Secretary of State

Ministry of Defence

14th April 2009