The following links are to some of the policy areas that are taken into consideration by APA Prosecutors. They are guidance on the handling of cases referred to APA.

 

It is intended to update this area more fully within the coming months and is part of the APA’s desire to provide transparency.

 

 

VICTIMS

 

General

 

It is necessary to keep victims informed of the progress of their case through the discipline system. Once the case has been referred to the APA it is the responsibility of the case officer to do this.

 

Definition

 

A victim is defined as: -

a.       A person who has complained of the commission of an offence against him or his property;

b.      Bereaved relatives in cases involving death; and

c.       Parents where the primary victim is a child.

 

Informing the Victim

 

Informing the victim of the progress of the case does not mean that every action taken has to be reported to the victim. There are three clear stages where notification should take place. These are: -

a.       Direction for Trial

b.      Non-Institution or Discontinuance

c.       After Trial

 

Notification on Direction for Trial

 

When trial is directed a letter should be sent to the victim informing him/her of the decision, what the charge is and that the victim may be required to give evidence in due course. If the decision on directing trial is likely to be delayed 30 days or more after the referral letter should inform the victim. If after the direction charge is substantially changed then the victim should also be informed. In this case the Team Leader should be consulted as to how the victim should be informed and how much the victim should be told

 

Notification on Non-Institution or Discontinuance

 

When a decision is made to do either of the above the victim should be informed by letter. All letters of this nature are to be checked by Team Leader. If the victim then requests an explanation of the decision such an explanation will be provided, but only after consultation with Team Leaders or in sensitive cases with Colonel Prosecutions. If the victim is not happy with the explanation the matter should be passed to Colonel Prosecutions. If a complaint is made Brigadier Prosecutions should be informed.

Sensitive Cases

 

In sensitive cases involving deaths or children great care and consideration is required and Team Leaders and Colonel Prosecutions should be consulted. The assistance of the SIB Child Protection Team or SSAFA may be sought, although the primary responsibility remains with the APA. In some cases a personal interview with the victim may be necessary. In the case of overseas Host Nation victims the letters to the victims should be passed through the Jurisdiction Process Branch.

 

Notification after Trial

 

After trial the victim should be informed of the outcome, however the APA is not in a position to explain the decisions of a court and this should be made clear to the victim.

 

 

VALIDITY OF REFERRALS

 

General

 

Before the APA can take any action on a case the matter must have been validly referred to it by the chain of command. Until a case has been referred the APA has no locus standi and prosecutors must at all costs avoid influencing in any way the referral process.

 

A case is referred to the APA by Higher Authority who has in turn had it referred to them by the CO of the accused. The prosecutor assigned to the case should check both these referrals. It sometimes occurs that the referral to Higher Authority has been invalid but this has not been noticed and the matter has then been referred to APA. Such a referral is invalid on to counts. First the referral to HA is invalid and secondly the referral to APA is invalid as clearly HA have not properly considered the matter before referring it on if the error has not been picked up.

 

If a referral is invalid for any reason the case must be sent back to HA indicating why the referral is invalid and requesting that the defect be cured. It is both good practice and good sense to contact the G1 (Disc) office at HA and inform them that the case is being returned, why it is being returned and what is required to cure the defect. No further action should be taken on a case until the referral is valid.

 

Referral from CO to HA

 

A valid referral from the CO should include: -

  1. A copy of all material referred to in Rule 24(a)-(f) of CSD(A)R 2000
  2. A copy of any application for extended powers
  3. A copy of any RMP report
  4. A copy of any charge reported to him under s76(1) AA 1955
  5. Any other information in his possession which may be relevant
  6. AFA 6203
  7. Letter from the CO or signed on his behalf to HA indicating that has considered the matter and wishes to refer it

 

If any of these documents are missing or incorrectly completed the referral is invalid.

 

Referral from HA to APA

 

A valid referral from the HA should include all the above and also: -

  1. AFA 6204
  2. A letter from HA or signed on his behalf indicating that he has considered the matter and wishes to refer it to the APA for trial

 

If any of these documents are missing or incorrectly completed the referral is invalid.

 
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