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Armed Forces Act 2006

Service Prosecuting Authority

Section 364: Director of Service Prosecutions

739.This section provides for the appointment of the DSP and the legal qualifications required for appointment. There is no requirement that the DSP be a member of HM Forces.

Section 365: Prosecuting officers

740.This section enables the DSP to appoint officers to be prosecuting officers, and provides for the legal qualifications required for appointment. A prosecuting officer can exercise any of the DSP’s functions unless the DSP directs otherwise.

Section 366: Service Complaints Commissioner

741.This section provides for there to be a Service Complaints Commissioner, appointed by the Secretary of State (The Commissioners functions are provided for in sections 338 and 339). The section also provides that the Commissioner must not be a member of Armed Forces or the civil service, shall be subject to terms of appointment and will not have Crown status.

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