The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

PART 3 PROVISIONS RELATING TO CHARGING

Procedure for bringing a charge

11.—(1) The procedure for bringing a charge against a person (“A”) under section 120(2) or 122(1) shall be as follows—

(a) a charge sheet must be prepared in accordance with the Schedule;

(b) the commanding officer of A must sign the charge sheet; and

(c) a copy of the signed charge sheet must be served by hand on A either by the commanding officer or by a person authorised by him.

(2) When a charge is brought under section 122(1), the DSP must provide a copy of the charge sheet to the court administration officer as soon as practicable after service of the charge sheet on the accused.

Direction under section 121(2): provision of charge sheet

12.  When a direction under section 121(2) to bring a charge against a person is given by the DSP to a commanding officer—

(a) the DSP must send the charge sheet to the commanding officer; and

(b) the commanding officer must return the charge sheet to the DSP as soon as reasonably practicable after bringing the charge.

Amendment, substitution and addition of charges by a CO

13.  Regulation 11(1) shall apply to the amending, substituting or adding of a charge under section 123(2) as it applies to the bringing of a charge under section 120(2) or 122(1).

Amendment, substitution and addition of charges by the DSP

14.—(1) This regulation applies to the amendment, substitution or addition of a charge by the DSP—

(a) under section 125(2) before the arraignment of an accused by the Court Martial; or

(b) under section 126(2) before the arraignment of an accused by the Service Civilian Court.

(2) The procedure for the DSP to amend, substitute or add a charge shall be as follows—

(a) a charge sheet must be prepared in accordance with the Schedule;

(b) the DSP must sign the charge sheet; and

(c) the DSP must ensure that a copy of the signed charge sheet is served by hand on the accused.

(3) As soon as practicable after service of the charge sheet on the accused, the DSP must provide a copy of the charge sheet to the court administration officer.

(4) Where the earliest time at which it will be practicable to provide a copy of the charge sheet to the court administration officer is less than 24 hours before the time appointed for a hearing in relation to the accused, the DSP must also provide as soon as practicable a copy of the charge sheet to the judge advocate appointed to conduct the hearing.

(5) This regulation does not apply to the amendment of charges by order of a judge advocate in preliminary proceedings within the meaning of the Court Martial rules.