|
| |
|
(3) | Taking a person into service custody is also justified for the purposes of this |
| |
| |
(a) | he has failed to attend any hearing in the proceedings against him; |
| |
(b) | there are reasonable grounds for suspecting that he should be taken |
| |
into service custody for his own protection or, if he is aged under 17, for |
| 5 |
his own welfare or in his own interests; or |
| |
(c) | there are reasonable grounds for suspecting that— |
| |
(i) | if not taken into service custody, he would fail to comply with a |
| |
requirement imposed under section 107(3); or |
| |
(ii) | he has failed to comply with such a requirement. |
| 10 |
(4) | A person arrested under subsection (1) who is kept in service custody— |
| |
(a) | must as soon as is practicable be brought before a judge advocate for a |
| |
review of whether he should continue to be kept in service custody; and |
| |
(b) | on that review is to be dealt with as on a review under section 108(1) |
| |
(see sections 108(4) to (8) and 109). |
| 15 |
(5) | Where a power of arrest is conferred on any person by virtue of this section, he |
| |
may use reasonable force, if necessary, in the exercise of the power. |
| |
111 | Arrest during proceedings at direction of court |
| |
| |
(a) | a person has been arraigned before the Court Martial or the Service |
| 20 |
| |
(b) | proceedings before the court have not concluded, |
| |
| a judge advocate, if satisfied that taking him into service custody is justified, |
| |
may direct the arrest of that person. |
| |
(2) | Any person with power to arrest that person for a service offence has the same |
| 25 |
power, exercisable in the same way, to arrest him pursuant to a direction under |
| |
| |
(3) | Subsections (2) and (3) of section 110 apply for the purposes of this section. |
| |
(4) | A person arrested under this section who is kept in service custody— |
| |
(a) | must as soon as is practicable be brought before a judge advocate for a |
| 30 |
review of whether he should continue to be kept in service custody; and |
| |
(b) | on that review is to be dealt with as on a review under section 108(1) |
| |
(see sections 108(4) to (8) and 109). |
| |
| |
Custody Proceedings Rules |
| 35 |
112 | Custody proceedings rules |
| |
(1) | The Secretary of State may make rules with respect to proceedings— |
| |
(a) | on an application under section 101; |
| |
(b) | under section 105(1); |
| |
(c) | on an application under section 107(4); |
| 40 |
(d) | on a review under section 108(1), 110(4), 111(4) or 170(2). |
| |
(2) | Rules under this section may in particular make provision— |
| |
|
| |
|
| |
|
(a) | with respect to arrangements preliminary to the proceedings; |
| |
(b) | with respect to the representation of the person to whom the |
| |
| |
(c) | with respect to evidence, including the admissibility of evidence; |
| |
(d) | for procuring the attendance of witnesses; |
| 5 |
(e) | with respect to the immunities and privileges of witnesses; |
| |
(f) | with respect to oaths and affirmations; |
| |
(g) | with respect to circumstances in which a review under section 108(1), |
| |
110(4), 111(4) or 170(2) may be carried out without a hearing; |
| |
(h) | with respect to the use for the purposes of the proceedings of live |
| 10 |
television or telephone links or similar arrangements, including the use |
| |
of such links or other arrangements as a means of satisfying any |
| |
requirement imposed by this Act for a person to be brought before a |
| |
| |
(i) | for the appointment of persons to discharge administrative functions |
| 15 |
| |
| |
Investigation, Charging and Mode of Trial |
| |
| |
| 20 |
Duties of commanding officers |
| |
113 | CO to ensure service police aware of possibility serious offence committed |
| |
(1) | If an officer becomes aware of an allegation or circumstances within subsection |
| |
(2), he must as soon as is reasonably practicable ensure that a service police |
| |
force is aware of the matter. |
| 25 |
(2) | An allegation is, or circumstances are, within this subsection if it or they would |
| |
indicate to a reasonable person that a Schedule 2 offence has or may have been |
| |
committed by a relevant person. |
| |
(3) | In subsection (2) “relevant person” means a person whose commanding officer |
| |
is the officer mentioned in subsection (1). |
| 30 |
(4) | In this Chapter “Schedule 2 offence” means a service offence listed in Schedule |
| |
| |
(5) | The Secretary of State may by order amend Schedule 2. |
| |
114 | CO to ensure service police aware of certain circumstances |
| |
(1) | If an officer of a prescribed description becomes aware of circumstances of a |
| 35 |
prescribed description, he must as soon as is reasonably practicable ensure that |
| |
a service police force is aware of the matter. |
| |
(2) | In this section “prescribed” means prescribed by regulations under section 127. |
| |
|
| |
|
| |
|
115 | Duty of CO with respect to investigation of service offences |
| |
(1) | This section applies where— |
| |
(a) | an officer becomes aware of an allegation or circumstances within |
| |
| |
(b) | the officer is not required by section 113(1) or 114(1) to ensure that a |
| 5 |
service police force is aware of the matter. |
| |
(2) | An allegation is, or circumstances are, within this subsection if it or they would |
| |
indicate to a reasonable person that a service offence has or may have been |
| |
committed by a relevant person. |
| |
(3) | In subsection (2) “relevant person” means a person whose commanding officer |
| 10 |
is the officer mentioned in subsection (1). |
| |
(4) | The officer must either— |
| |
(a) | ensure that the matter is investigated in such way and to such extent as |
| |
| |
(b) | ensure, as soon as is reasonably practicable, that a service police force |
| 15 |
| |
(5) | Subsection (4) does not apply if the matter has already been investigated in |
| |
such way and to such extent as is appropriate. |
| |
Duty of service policeman following investigation |
| |
116 | Referral of case following investigation by service or civilian police |
| 20 |
(1) | This section applies where— |
| |
(a) | a service police force has investigated an allegation which indicates, or |
| |
circumstances which indicate, that a service offence has or may have |
| |
| |
(b) | a UK police force or overseas police force has investigated such an |
| 25 |
allegation or such circumstances and has referred the matter to a |
| |
| |
| |
(a) | a service policeman considers that there is sufficient evidence to charge |
| |
a person with a Schedule 2 offence, or |
| 30 |
(b) | a service policeman considers that there is sufficient evidence to charge |
| |
a person with any other service offence, and is aware of circumstances |
| |
of a description prescribed by regulations under section 127 for the |
| |
purposes of this paragraph, |
| |
| he must refer the case to the Director of Service Prosecutions (“the Director”). |
| 35 |
| |
(a) | a service policeman considers that there is sufficient evidence to charge |
| |
a person with a service offence, and |
| |
(b) | subsection (2) does not apply, |
| |
| he must refer the case to the person’s commanding officer. |
| 40 |
| |
(a) | the allegation or circumstances gave rise to the duty under section |
| |
| |
|
| |
|
| |
|
(b) | a service policeman proposes not to refer the case to the Director under |
| |
| |
| he must consult the Director as soon as is reasonably practicable (and before |
| |
any referral of the case under subsection (3)). |
| |
(5) | For the purposes of subsections (2) and (3) there is sufficient evidence to charge |
| 5 |
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. |
| |
117 | Section 116: position where investigation is of multiple offences or offenders |
| |
(1) | This section applies where the investigation mentioned in section 116(1) relates |
| 10 |
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 |
| |
| |
(3) | If a case is referred under section 116(2) to the Director of Service |
| 15 |
| |
(a) | any other case of a description prescribed by regulations under section |
| |
127 for the purposes of this paragraph is to be treated as referred under |
| |
section 116(2) to the Director of Service Prosecutions; and |
| |
(b) | nothing in section 116(3) or (4) applies in relation to any case treated as |
| 20 |
| |
| |
Charging and Mode of Trial |
| |
| |
118 | Circumstances in which CO has power to charge etc |
| 25 |
(1) | This section sets out the circumstances in which a commanding officer has |
| |
initial powers (defined by section 119) in respect of a case. |
| |
(2) | If a commanding officer of a person becomes aware of an allegation which |
| |
indicates, or circumstances which indicate, that the person has or may have |
| |
committed a service offence, he has initial powers in respect of the case. |
| 30 |
(3) | Subsection (2) does not apply if the allegation or circumstances— |
| |
(a) | give or have given rise to the duty under section 113(1) or 114(1); |
| |
(b) | are being or have been investigated by a service police force; or |
| |
(c) | are being or have been investigated by a UK police force or overseas |
| |
police force, and it appears to the commanding officer that that force |
| 35 |
may refer the matter to the service police. |
| |
(4) | A commanding officer has initial powers in respect of a case which a service |
| |
policeman has referred to him under section 116(3) (referral of case following |
| |
investigation by service or civilian police). |
| |
|
| |
|
| |
|
(5) | A commanding officer has initial powers in respect of a case which the Director |
| |
of Service Prosecutions has referred to him under section 120(4) (referral of |
| |
| |
(6) | If an allegation or circumstances mentioned in subsection (2) relate to two or |
| |
more incidents (or alleged incidents) or the conduct (or alleged conduct) of two |
| 5 |
or more persons, each person’s conduct in relation to each incident is to be |
| |
regarded as giving rise to a separate case. |
| |
119 | Power of CO to charge etc |
| |
(1) | Subsections (2) and (3) apply where under section 118 a commanding officer |
| |
has initial powers in respect of a case. |
| 10 |
(2) | The officer may bring, in respect of the case, one or more charges that are |
| |
capable of being heard summarily (see section 52). |
| |
(3) | The officer may refer the case to the Director of Service Prosecutions. |
| |
(4) | A charge brought under subsection (2) is to be regarded for the purposes of this |
| |
Part as allocated for summary hearing. |
| 15 |
(5) | Where an officer refers a case under subsection (3), any other case— |
| |
(a) | which is of a description prescribed by regulations under section 127 |
| |
for the purposes of this subsection, and |
| |
(b) | as respects which the officer has initial powers, |
| |
| is to be treated as referred under subsection (3) to the Director of Service |
| 20 |
| |
120 | Power of DSP to direct bringing of charge etc |
| |
(1) | The powers in subsections (2) to (5) are exercisable by the Director of Service |
| |
Prosecutions (“the Director”) in respect of a case which has been referred to |
| |
| 25 |
(a) | section 116(2) (referral of case following investigation by service or |
| |
| |
(b) | section 119(3) (referral of case by CO). |
| |
(2) | The Director may direct the commanding officer of the person concerned to |
| |
bring, in respect of the case, such charge or charges against him as may be |
| 30 |
specified in the direction. |
| |
| |
(a) | the Director makes a direction under subsection (2), and |
| |
(b) | the Service Civilian Court has jurisdiction to try the charge specified in |
| |
| 35 |
| the Director may allocate the charge for trial by that court. |
| |
(4) | The Director may refer the case to the commanding officer of the person |
| |
concerned, but only if he has decided that it would not be appropriate to make |
| |
a direction under subsection (2) in respect of it. |
| |
(5) | The Director may make a direction under section 126(1) or (2) (directions |
| 40 |
barring further proceedings) in respect of any offence as regards which he |
| |
could make a direction under subsection (2). |
| |
|
| |
|