(1)This section applies where the investigation mentioned in section 116(1) relates to two or more incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons.
(2)Each person's conduct in relation to each incident is to be regarded as giving rise to a separate case.
[F1(3)Subsections (4) and (5) apply if—
(a)at least one of the cases has been, or must be, referred to the Director of Service Prosecutions (“the Director”) under section 116(2),
(b)a service policeman considers that there is sufficient evidence to charge a person with a service offence in another of the cases,
(c)that case is not required to be referred to the Director under section 116(2), and
(d)the service policeman considers that there is, or may be, a connection between a case falling within paragraph (a) and the case falling within paragraph (c), whether direct or indirect, that makes it appropriate for both cases to be referred to the Director.
(4)The service policeman must consult the Director about the existence and nature of the connection between those cases.
(5)Following that consultation, if the service policeman considers that there is a connection described in subsection (3)(d), the service policeman must refer the case falling within subsection (3)(c) to the Director.
(6)The reference in this section to there being sufficient evidence to charge a person with a service offence is to be read in accordance with section 116(5)(a).]
Textual Amendments
F1S. 117(3)-(6) substituted for s. 117(3) (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(5), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
Commencement Information
I1S. 117 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 117 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4