Part 5Investigation, Charging and Mode of Trial

Chapter 1Investigation

Duties of commanding officers

I1I2115Duty of CO with respect to investigation of service offences

1

This section applies where—

a

an officer becomes aware of an allegation or circumstances within subsection (2); and

b

the officer is not required by section 113(1) or 114(1) to ensure that a service police force F1or the tri-service serious crime unit is aware of the matter.

2

An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a service offence has or may have been committed by a relevant person.

3

In subsection (2) “relevant person” means a person whose commanding officer is the officer mentioned in subsection (1).

4

The officer must either—

a

ensure that the matter is investigated in such way and to such extent as is appropriate; or

b

ensure, as soon as is reasonably practicable, that a service police force F2or the tri-service serious crime unit is aware of the matter.

5

Subsection (4) does not apply if the matter has already been investigated in such way and to such extent as is appropriate.