Member

24: After Clause 10, insert the following new Clause— “Domestic abuse and summary hearings for assault and assault occasioning actual bodily harm(1) A commanding officer may not hear summarily a charge of assault or occasioning actual bodily harm where the alleged conduct amounts to, or is alleged to amount to, domestic abuse.(2) In any case to which subsection (1) applies, the allegation must be referred to a service police force for investigation or the Director of Service Prosecutions for consideration of prosecution before the Court Martial or such other court as has jurisdiction.(3) In this section, “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021.”Member’s explanatory statement This amendment seeks to remove the power of a commanding officer to hear an allegation of ABH when there is a domestic abuse element to the allegation.