Part 5Investigation, Charging and Mode of Trial

Chapter 1Investigation

Duty of service policeman following investigation

118Duty of service policeman to notify CO of referral to DSP

(1)

This section applies where a service policeman considers that there is sufficient evidence to charge a person (“A”) with a service offence and refers the case under section 116(2) F1or 117(5) to the Director of Service Prosecutions.

(2)

The service policeman must as soon as reasonably practicable after referring the case—

(a)

notify A's commanding officer of the referral; and

(b)

provide prescribed documents to A's commanding officer.

F2(3)

A notification under subsection (2)(a) must specify the service offence that the service policeman considers there is sufficient evidence to charge A with.

(3A)

Where that offence is a CO offence, the notification must—

(a)

specify whether the case is referred under section 116(2) or 117(5), and

(b)

if the case is referred under section 116(2), specify the circumstances that bring the case within section 116(2)(b).

(4)

In this section—

(a)

any reference to there being sufficient evidence to charge a person with a service offence is to be read in accordance with F3section 116(5)(a);

F4(aa)

any reference to a CO offence is to be read in accordance with section 116(5)(b);

(b)

“prescribed documents” means documents prescribed for the purposes of subsection (2)(b) by regulations under section 128.

F5(5)

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