SCHEDULE Armed Forces Code of Practice for Victims of Crime

PART 5 Duties on Service Providers

CHAPTER 4 Charge and Pre-trial/Summary Hearing

250 Director of Service Prosecutions’ consideration of a charge
Where the case has been referred to the Director of Service Prosecutions, the Service Prosecuting Authority prosecutor responsible for the case must inform the victim without unreasonable delay of:
(1) any decision to charge, allocate the charge for trial by a Service court or to refer the case to the Commanding Officer;
This includes directing the bringing of a charge.
(2) any decision not to charge. They must give, the reason for the decision (insufficient evidence or on public including Service interest grounds), how they can access further information about the decision from the Service Prosecuting Authority and how they can seek a review of the decision if they are dissatisfied with it, in accordance with Service Prosecuting Authority’s victims’ right to review scheme. The notification of the decision must include sufficient information to enable the victim to decide whether or not they wish a review to take place.
Sch. para. 250 in force at 16.11.2015, see reg. 1
Under the Armed Forces Act 2006, section 116(2) (referral of case following investigation by civilian or service police) or section 120(3) (referral of case by Commanding Officer).