Commentary on provisions of Act Section 5: Power of Director of Service Prosecutions to charge etc
Under the current section 121 of AFA 2006, where the Director decides that a charge should be brought in a case, he cannot bring the charge directly. Instead, he must direct the suspect's commanding officer to bring the charge. Under section 122, the commanding officer must then bring the charge as directed. Section 5 introduces a new section 121(1A) under which the Director may, as an alternative, bring the charge himself. Section 5 also provides for charges brought by the Director to be allocated to the appropriate service court on the same basis as where charges are brought at his direction.