Part 5Investigation, Charging and Mode of Trial

Chapter 1Investigation

Duty of service policeman following investigation

I1I2118Duty of service policeman to notify CO of referral to DSP

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) F1or 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.

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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 F3section 116(5)(a);

F4aa

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.

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