http://www.legislation.gov.uk/ukpga/2016/21/section/3/2019-07-01Armed Forces Act 2016An Act to continue the Armed Forces Act 2006; to make provision about service discipline; to make provision about war pensions committees established under section 25 of the Social Security Act 1989; to make provision about Ministry of Defence fire-fighters; and for connected purposes.texttext/xmlenStatute Law Database2024-11-12Expert Participation2019-07-01 31In section 116(2) of AFA 2006 (cases that must be referred to the Director of Service Prosecutions following investigation by service or civilian police)—ain paragraph (a), for “a Schedule 2 offence” substitute “ a service offence that is not a CO offence ”, andbin paragraph (b), for “any other service offence” substitute “ a service offence that is a CO offence ”.2In section 116(3) of AFA 2006 (cases that must be referred to the commanding officer following investigation by service or civilian police)—aomit “and” at the end of paragraph (a), andbafter paragraph (b) insert, and csection 117(5) (referral of connected cases to DSP) does not apply,.3In section 116(4) of AFA 2006 (obligation to consult the Director of Service Prosecutions about certain cases)—ain paragraph (a), for “a Schedule 2 offence has or might have been committed” substitute “ a person has committed, or might have committed, a service offence which is not one that may be dealt with at a summary hearing (see section 53) ”, andbin the words after paragraph (b), at the end insert “ or section 117(5) ”.4In section 116(5) of AFA 2006 (interpretation of section 116)—afor “For the purposes of subsections (2) and (3)” substituteFor the purposes of this section— a, andbat the end insert, and ba service offence committed by a person is a “CO offence” if a charge against the person in respect of the offence is capable of being heard summarily by the person's commanding officer (see section 52).5In section 117 of AFA 2006 (section 116: position where investigation is of multiple offences or offenders), for subsection (3) substitute—3Subsections (4) and (5) apply if—aat least one of the cases has been, or must be, referred to the Director of Service Prosecutions (“the Director”) under section 116(2),ba service policeman considers that there is sufficient evidence to charge a person with a service offence in another of the cases,cthat case is not required to be referred to the Director under section 116(2), anddthe 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.4The service policeman must consult the Director about the existence and nature of the connection between those cases.5Following 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.6The 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).6In section 118 of AFA 2006 (duty of service policeman to notify commanding officer of referral to the Director of Service Prosecutions)—ain subsection (1), after “116(2)” insert “ or 117(5) ”,bfor subsection (3) substitute—3A notification under subsection (2)(a) must specify the service offence that the service policeman considers there is sufficient evidence to charge A with.3AWhere that offence is a CO offence, the notification must—aspecify whether the case is referred under section 116(2) or 117(5), andbif the case is referred under section 116(2), specify the circumstances that bring the case within section 116(2)(b).,cin subsection (4)(a), for “section 116(5)” substitute “ section 116(5)(a) ”,din subsection (4), after paragraph (a) insert—aaany reference to a CO offence is to be read in accordance with section 116(5)(b);, andeomit subsection (5).7In section 121(1) of AFA 2006 (power of the Director of Service Prosecutions to direct bringing of charges etc), after paragraph (a) (but before “or”) insert—aasection 117(5) (referral of connected cases);.8In Schedule 2 to AFA 2006 (Schedule 2 offences for the purposes of Part 5), in the shoulder reference, for “Sections 113, 116” substitute “ Section 113 ”.9In consequence of the substitution of section 117(3) of AFA 2006, omit paragraph 5(2) of Schedule 3 to the Armed Forces Act 2011.S. 3 in force at 22.5.2019 for specified purposes by S.I. 2019/961, reg. 2(1)(a) (with reg. 3)S. 3 in force at 1.7.2019 in so far as not already in force by S.I. 2019/961, reg. 2(1)(b) (with reg. 3)