83AThe prosecuting authority

1

Her Majesty may appoint a person as the prosecuting authority for the Army; and in this Act “the prosecuting authority” means the person so appointed.

2

A person may be appointed as the prosecuting authority only if the person—

a

has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

b

is an advocate or solicitor in Scotland of at least ten years’ standing;

c

is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years’ standing; or

d

has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.

3

The prosecuting authority shall hold and vacate office in accordance with the terms of that authority’s appointment.

4

In this section “relevant territory” means—

a

any of the Channel Islands;

b

the Isle of Man;

c

a country other than the United Kingdom that is a member of the Commonwealth; or

d

a British overseas territory.