Part 5

Investigation, Charging and Mode of Trial
Chapter 2

Charging and Mode of Trial

Powers of charging etc

Power of DSP to charge or direct bringing of charge etc
121
1
The powers in subsections (1A) to (5) are exercisable by the Director of Service Prosecutions (“the Director”) in respect of a case which has been referred to him under—
a
section 116(2) (referral of case following investigation by service or civilian police);
aa
section 117(5) (referral of connected cases); or
b
section 120(3) or (5) (referral of case by CO).
1A
The Director may bring a charge or charges against the person concerned in respect of the case.
1B
If—
a
the Director brings a charge under subsection (1A), and
b
the Service Civilian Court has jurisdiction to try the charge,
the Director may allocate the charge for trial by that court.
2
The Director may direct the commanding officer of the person concerned to bring, in respect of the case, such charge or charges against him as may be specified in the direction.
3
If—
a
the Director makes a direction under subsection (2), and
b
the Service Civilian Court has jurisdiction to try the charge specified in the direction,
the Director may allocate the charge for trial by that court.
4
The Director may refer the case to the commanding officer of the person concerned, but only if he has decided that it would not be appropriate to bring a charge under subsection (1A) or to make a direction under subsection (2) in respect of it.
5
The Director may make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of any offence as regards which he could bring a charge under subsection (1A) or make a direction under subsection (2).
S. 121 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)
S. 121 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 121(1)(aa) inserted (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(7), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
Words in s. 121(1)(b) inserted (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. 4(2), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
Words in s. 121(1) substituted (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. 5(1)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
S. 121(1A)(1B) inserted (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. 5(1)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
Words in s. 121(4) inserted (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. 5(1)(c), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
Words in s. 121(5) inserted (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. 5(1)(d), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
Words in s. 121 heading inserted (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. 5(1)(e), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)