Part 18Commanding Officer and Other Persons with Functions under Act
Officers
I1360Meaning of “commanding officer”
The officer who is the “commanding officer” of a person for the purposes of any provision made by or under this Act shall be determined by or under regulations made by the Defence Council.
I3I10361Meaning of “higher authority”
In this Act “higher authority”, in relation to a commanding officer, means any officer in the commanding officer's disciplinary chain of command who is superior in that chain of command to the commanding officer.
Court officials
I4I8362Judge advocates
In this Act “judge advocate” means—
a
the Judge Advocate General;
b
a person appointed under section 30(1)(a) or (b) or (2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (assistants to the Judge Advocate General); or
c
a puisne judge of the High Court in England and Wales F6, or a Circuit judge, who (following a request by the Judge Advocate General) is nominated by or on behalf of the Lord Chief Justice of England and Wales to sit as a judge advocate.
I5I11363Court administration officer
1
There shall be a court administration officer for the Court Martial, the Service Civilian Court and the Summary Appeal Court.
2
The court administration officer is to be appointed by the Defence Council.
Service Prosecuting Authority
I2364Director of Service Prosecutions
1
Her Majesty may appoint a person as the Director of Service Prosecutions.
2
A person may be appointed as the Director of Service Prosecutions only if he—
a
has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);
b
is an advocate or solicitor in Scotland of at least ten years' standing;
c
is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years' standing; or
d
has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.
3
The Director of Service Prosecutions shall hold and vacate office in accordance with the terms of his appointment.
4
In this section “relevant territory” means—
a
any of the Channel Islands;
b
the Isle of Man;
c
a Commonwealth country; or
d
a British overseas territory.
I6I7I9365Prosecuting officers
1
The Director of Service Prosecutions (“the Director”) may appoint F4persons to be prosecuting officers.
2
F5A person may be appointed as a prosecuting officer only if he—
a
has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
is an advocate or solicitor in Scotland;
c
is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or
d
has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
3
A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.
C14
A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.
5
In this section “relevant territory” has the same meaning as in section 364.
F1Provost Marshals
365AProvost Marshals: appointment
1
No appointment of a person to be Provost Marshal of a service police force F7, or to be Provost Marshal for serious crime, may be made except by Her Majesty.
2
To be eligible for appointment as a Provost Marshal, a person must be a provost officer.
F2Service Complaints Ombudsman
S. 365B and cross-heading inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 1(1), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)
365BService Complaints Ombudsman
1
The office of Service Complaints Ombudsman is established.
2
The Ombudsman is to be appointed by Her Majesty on the recommendation of the Secretary of State.
3
A person may not be appointed as the Ombudsman if the person is—
a
a member of the regular or reserve forces, or
b
employed in the civil service of the State.
4
The Ombudsman holds and vacates office in accordance with the terms of his or her appointment.
5
The Ombudsman may authorise a person working for the Ombudsman to exercise any function of the Ombudsman on his or her behalf.
6
The Ombudsman is not to be regarded—
a
as the servant or agent of the Crown, or
b
as enjoying any status, immunity or privilege of the Crown.
F8Service Police Complaints Commissioner
Ss. 365BA, 365BB and cross-heading inserted (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 11(2), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2
365BAService Police Complaints Commissioner
1
There is to be a Service Police Complaints Commissioner.
2
The Commissioner is to have the functions conferred on the Commissioner by or under this Act or any other enactment.
3
Schedule 14A makes further provision with respect to the Commissioner.
365BBInvestigating officers
1
The Service Police Complaints Commissioner may appoint persons to be investigating officers.
2
An investigating officer holds and vacates office in accordance with the terms of the officer’s appointment.
3
An investigating officer may, unless the Commissioner otherwise directs, exercise any function of the Commissioner.
F3...
S. 366 and cross-heading omitted (1.1.2016) by virtue of Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 1(3), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)
F3366Service Complaints Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 365A and cross-heading inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 5, 32(3); S.I. 2012/669, art. 4(a)