Part 5U.K.Investigation, Charging and Mode of Trial

Chapter 1U.K.Investigation

Duty of service policeman following investigationU.K.

116Referral of case following investigation by service or civilian policeU.K.

(1)This section applies where—

(a)a service police force [F1or the tri-service serious crime unit] has investigated an allegation which indicates, or circumstances which indicate, that a service offence has or may have been committed; or

(b)a UK police force or overseas police force has investigated such an allegation or such circumstances and has referred the matter to a service police force [F1or the tri-service serious crime unit].

(2)If—

(a)a service policeman considers that there is sufficient evidence to charge a person with [F2a service offence that is not a CO offence], or

(b)a service policeman considers that there is sufficient evidence to charge a person with [F3a service offence that is a CO offence], and is aware of circumstances of a description prescribed by regulations under section 128 for the purposes of this paragraph,

he must refer the case to the Director of Service Prosecutions (“the Director”).

(3)If—

(a)a service policeman considers that there is sufficient evidence to charge a person with a service offence, F4...

(b)subsection (2) does not apply [F5, and

(c)section 117(5) (referral of connected cases to DSP) does not apply,]

he must refer the case to the person's commanding officer.

[F6(4)Subsection (4A) applies if—

(a)the allegation or circumstances would indicate to a reasonable person that [F7a 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)], or

(b)any circumstances investigated are circumstances of a description prescribed by regulations under section 128 for the purposes of section 114,

and a service policeman proposes not to refer the case to the Director under subsection (2) [F8or section 117(5)].

(4A)If this subsection applies, the service policeman must consult the Director as soon as is reasonably practicable (and before any referral of the case under subsection (3)).]

(5)[F9For the purposes of this section—

(a)]there is sufficient evidence to charge a person with an offence if, were the evidence suggesting that the person committed the offence to be adduced in proceedings for the offence, the person could properly be convicted [F10, and

(b)a 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).]

117Section 116: position where investigation is of multiple offences or offendersU.K.

(1)This section applies where the investigation mentioned in section 116(1) relates to two or more incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons.

(2)Each person's conduct in relation to each incident is to be regarded as giving rise to a separate case.

[F11(3)Subsections (4) and (5) apply if—

(a)at least one of the cases has been, or must be, referred to the Director of Service Prosecutions (“the Director”) under section 116(2),

(b)a service policeman considers that there is sufficient evidence to charge a person with a service offence in another of the cases,

(c)that case is not required to be referred to the Director under section 116(2), and

(d)the 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.

(4)The service policeman must consult the Director about the existence and nature of the connection between those cases.

(5)Following 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.

(6)The 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).]

118Duty of service policeman to notify CO of referral to DSPU.K.

(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) [F12or 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.

[F13(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 [F14section 116(5)(a)];

[F15(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.

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .