The Armed Forces (Miscellaneous Amendments) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/967 |
| Year | 2019 |
2019 No. 967
Defence
The Armed Forces (Miscellaneous Amendments) Regulations 2019
Made 22th May 2019
Laid before Parliament 30th May 2019
Coming into force 1st July 2019
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 49(1) and (4), 128, 273(3) and 373(5) of the Armed Forces Act 20061.
Citation and commencement
1.—(1) These Regulations may be cited as the Armed Forces (Miscellaneous Amendments) Regulations 2019.
(2) These Regulations come into force on 1st July 2019.
Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009
2. The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 20092are amended as follows.
3. For regulation 11 (procedure for bringing a charge) substitute—
“Procedure for bringing a charge
11.—(1) The procedure for bringing a charge against a person (“A”) under section 120(2), 121(1A)3or 122(1) is as follows—
(a)
(a) a charge sheet must be prepared in accordance with the Schedule;
(b)
(b) the person bringing the charge must sign the charge sheet; and
(c)
(c) a copy of the signed charge sheet must be served on A.
(2) If A is subject to service law or a civilian subject to service discipline, a copy of the signed charge sheet must be served by hand on A by the commanding officer of A.
(3) But if A has ceased to be subject to service law or a civilian subject to service discipline, a copy of the signed charge sheet must be served—
(a)
(a) by hand on A by the commanding officer of A; or
(b)
(b) by being left at, or sent by post to, A’s usual or last known address by—
(i) the commanding officer; or
(ii) the DSP if the charge is brought under section 121(1A).
(4) When a charge is brought under section 121(1A) or 122(1), the DSP must provide a copy of the charge sheet to the court administration officer as soon as practicable after service of the charge sheet on the accused.
(5) A commanding officer or the DSP may authorise a person to serve a copy of a signed charge sheet on his or her behalf.”.
4. In regulation 13 (amendment, substitution and addition of charges by a CO) for “section 120(2) or 122(1)” substitute “section 120(2), 121(1A) or 122(1)”.
5. In regulation 14 (amendment, substitution and addition of charges by the DSP)—
(a) in paragraph (2)(c) omit “by hand”; and
(b) after regulation 14(2) insert—
“2A If the accused is subject to service law or a civilian subject to service discipline, the DSP must ensure that a copy of the signed charge sheet is served by hand on the accused.
2B But if the accused has ceased to be subject to service law or a civilian subject to service discipline, the DSP must ensure that a copy of the signed charge sheet is served on the accused—
(a) by hand; or
(b) by leaving it at, or sending it by post to, the accused’s last known address.”.
6. In paragraph 1(b) of the Schedule for “section 122(1)” substitute “section 121(1A) or 122(1)”.
Transitional arrangements in respect of the amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009
7.—(1) The amendments of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009 made by regulations 2 to 6 do not have effect in relation to—
(a)
(a) a case referred by a service policeman before 1st July 2019 to—
(i) the Director of Service Prosecutions under section 116(2) of the Armed Forces Act 2006 (referral of case following investigation by service or civilian police); or
(ii) a person’s commanding officer under section 116(3) of the Act; or
(b)
(b) a case where the investigation that gives rise to it has also given rise to a case mentioned in sub-paragraph (a).
(2) For the purposes of this regulation, an investigation gives rise to two or more cases if the investigation relates to incidents or conduct that are to be regarded as giving rise to each of those cases under section 117(2) of the Armed Forces Act 2006.
(3) In this regulation—
(a)
(a) “investigation” means an investigation mentioned in section 116(1) of the Armed Forces Act 2006; and
(b)
(b) references to section 116 of the Act are to that section as it had effect before 1st July 2019.
Amendment of the Armed Forces (Review of Court Martial Sentence) Order 2009
8. After paragraph 1(b) of the Schedule to the Armed Forces (Review of Court Martial Sentence) Order 20094insert—
“(ba)
“(ba) an offence under one of the following sections of the Sexual Offences Act 1956—
(i) section 6 (intercourse with girl between 13 and 16);
(ii) section 14 or 15...
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