Armed Forces Act 2016

5 Power of Director of Service Prosecutions to charge etc

(1) In section 121 of AFA 2006 (power of the Director of Service Prosecutions to direct bringing of charges etc)—

(a) in subsection (1), for “subsections (2) to (5)” substitute “subsections (1A) to (5)”,

(b) after subsection (1) insert—

“(1A) The Director may bring a charge or charges against the person concerned in respect of the case.

(1B) If—

(a) the Director brings a charge under subsection (1A), and

(b) the Service Civilian Court has jurisdiction to try the charge,

the Director may allocate the charge for trial by that court.”,

(c) in subsection (4), after “appropriate” insert “to bring a charge under subsection (1A) or”,

(d) in subsection (5), after “could” insert “bring a charge under subsection (1A) or”, and

(e) in the heading, after “to” insert “charge or”.

(2) In section 122 of AFA 2006 (charges brought at the direction of the Director of Service Prosecutions)—

(a) in subsection (2), for “brought as a result of such a direction” substitute “brought by the Director of Service Prosecutions (“the Director”) under section 121(1A) or by an officer as a result of a direction under section 121(2)”,

(b) in subsection (2)(a), for “the Director of Service Prosecutions allocated it (under section 121(3))” substitute “the Director allocated it (under section 121(1B) or (3))”, and

(c) in the heading, after “brought” insert “by or”.

(3) In the Youth Justice and Criminal Evidence Act 1999—

(a) in section 45A(15)(b) (reporting restrictions: when proceedings in a service court commence), for “section 122” substitute “section 121(1A) or 122”, and

(b) in paragraph 6(6)(a) of Schedule 7 (reporting restrictions: transitional provision), for “section 122” substitute “section 121(1A) or 122”.