Offenders assisting investigations and prosecutions

Undertakings as to use of evidence
8
After section 304A of AFA 2006 insert—

Undertakings as to use of evidence
304B
1
If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person an undertaking that information will not be used against the person in service proceedings, the Director may give the person a written notice under this subsection (a “restricted use undertaking”).
2
If a person is given a restricted use undertaking, the information described in the undertaking must not be used against that person in service proceedings except in the circumstances specified in the undertaking.
3
In subsections (1) and (2), the references to the use of information in service proceedings are to its use—
a
at a summary hearing in respect of a service offence, or
b
in proceedings in respect of a service offence before—
i
the Court Martial;
ii
the Service Civilian Court;
iii
the Summary Appeal Court;
iv
the Court Martial Appeal Court; or
v
the Supreme Court on an appeal brought from the Court Martial Appeal Court.
4
A restricted use undertaking ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the undertaking.
5
In this section “relevant service offence” has the same meaning as in section 304A.
S. 8 in force at 16.10.2024 by S.I. 2024/1032, reg. 2(1)