s 121 Power of DSP to charge or direct bringing of charge etc
(1) The powers in subsections (1A) to (5) are exercisable by the Director of Service Prosecutions (“ the Director ”) in respect of a case which has been referred to him under— (a) section 116(2) (referral of case following investigation by service or civilian police); (aa) section 117(5) (referral of connected cases); or (b) section 120(3) or (5) (referral of case by CO). (1A) The Director may bring a charge or charges against the person concerned in respect of the case. (1B) If— (a) the Director brings a charge under subsection (1A), and (b) the Service Civilian Court has jurisdiction to try the charge, the Director may allocate the charge for trial by that court. (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 specified in the direction. (3) If— (a) the Director makes a direction under subsection (2), and (b) the Service Civilian Court has jurisdiction to try the charge specified in the direction, 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 bring a charge under subsection (1A) or to make a direction under subsection (2) in respect of it. (5) The Director may make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of any offence as regards which he could bring a charge under subsection (1A) or make a direction under subsection (2).