Uncontrolled when printed

CHAPTER 17

SERVICE INQUIRIES, UNIT INQUIRIES, BOARDS AND COMMITTEES

1257.  Service Inquiries.  Sponsor: ACOS Pers Pol (RAF)

(1) Service Inquiry procedures are provided by Section 343, AFA 06, and the Armed Forces (Service Inquiries) Regulations 2008. Service Inquires should be reserved for serious matters that by their nature call for the safeguards and formalities required by statutory obligations, powers and rights, which have been provided for in the relevant Regulations. These include: the power to require evidence to be given on oath and to compel the attendance of witnesses; the entitlement of persons whose character or professional reputation may be affected by the findings of the inquiry to be present at the proceedings of the inquiry; and restrictions on the admissibility of evidence given to a Service Inquiry at summary hearing or proceedings before civilian criminal or Service Courts. Service Inquiries have therefore been mandated by law for the death of members of the Armed Services and as a matter of policy for other matters such as serious injuries and air occurrences. Full details of the system may be found in JSP 832 – Guide to Service Inquiries.

Key features of Service Inquiries

(2) Statute and Purpose. Under AFA 06 a single set of statutory rules applies to all Service Inquiries. Their purpose is to look into the facts of anything that has occurred in connection with any of the Armed Forces and to make recommendations to prevent recurrence. The main benefit of a single set of statutory rules for all the Armed Forces is to allow joint inquiries into matters of interest to more than one of the Services. A single system of inquiry has also facilitated a common policy approach to such matters as non-attribution of blame and disclosure of information.

(3) Mandated inquiries. The matters for which an inquiry must be held as a matter of law have been narrowed under the Service Inquiries process. Such inquiries are now only mandated by law for the death of any member of the Armed Forces on or after 1 Oct 08. In such circumstances a convening authority must arrange for a Service Inquiry if there is anything to be learned, which is of consequence to any of the Armed Forces (other than something that is readily apparent). Therefore, if an incident involving the death of a member of the Armed Forces has, for example, been investigated by the civilian or Service police, the convening authority may decide that there is nothing further to be learnt by a Service Inquiry. However, if he considers that there may be wider or differing implications for the Armed Forces than have been addressed by the police investigation, he must arrange a Service Inquiry. As a matter of policy, a convening authority is to consider convening a service inquiry, applying the same test, for: the death of a civilian if the death occurs on or in a MOD unit/ship/establishment and is either work related or the death occurs during Service-organised activity; serious injuries; and aviation occurrences. Other matters may be the subject of a Service Inquiry where the convening authority considers the matter to be of sufficient importance to merit the safeguards and formalities provided by such a statutory regime.

(4) Protection given to witnesses. Evidence given by a person to a service inquiry is not admissible in Service disciplinary proceedings or in a civilian criminal court. The only exception is in relation to charges of perjury (for example, where a witness at a Service Inquiry is accused of lying under oath to the inquiry). By contrast evidence given in the past or to a BOI has not generally been admissible in Service disciplinary proceedings (apart from perjury) but has been admissible in proceedings in a civilian court. The protection given to witnesses is therefore greater under the new system to reflect the importance of ensuring complete frankness to the inquiry.

(5) Non-attribution of blame. A Service Inquiry has no power to make a binding decision on liability. Rather it is to investigate and report on the facts relating to a matter in accordance with its terms of reference. The terms of reference specify the matters to be investigated and reported on and any matters about which the panel is required to make recommendations or express an opinion. To perform these functions inquiries will sometimes need to make findings that allow an inference of blame and even of liability. Nonetheless, Service Inquiries are subject to a policy requirement that precludes explicitly attributing blame.

(6) Power to compel witnesses. There are powers to require certain people to attend to give evidence. The main class of people covered by this power will be all civilians in the UK and civilians outside the UK if they are subject to Service discipline (for example, Service dependants, MOD officials and contractors are sometimes subject to Service discipline when outside the UK). The president of the inquiry must apply to a judge advocate for this power to be exercised.

(7) Offences. Offences are closely based on those that apply to civilian inquiries under the Inquiries Act 2005. In particular it will be an offence to fail without reasonable excuse to comply with a requirement to attend to give evidence. It will also be an offence, for example, for someone to suppress, alter or destroy during a Service Inquiry anything that he believes the inquiry would wish to consider.

(8) Attendance at Inquiries. Non witnesses may be permitted to be present at the inquiry, but they will require the permission of the president and of the convening authority. The convening authority will also be able to restrict attendance to part of the inquiry or to impose reasonable conditions on the grant of permission. Permission to attend will not be needed by a person who, the president considers, is likely to be affected as to his character or professional reputation by the findings of the inquiry.

1258.  Unit Inquiries.  Sponsor: ACOS Pers Pol (RAF)

Matters that are not mandated for a Service Inquiry and therefore considered insufficiently serious to justify such an inquiry may be investigated using a non-statutory inquiry, a unit inquiry. Such unit inquiries are of a more informal nature and are not bound by the requirements of AFA 06, the Armed Forces (Service Inquiries) Regulations 2008 or JSP 832. Therefore unit inquiries cannot for example require evidence to be given on oath, compel civilian witnesses to attend or provide restrictions on the admissibility of evidence given to a unit inquiry at summary hearing or proceedings before a criminal civil or Service Courts. Guidance on unit inquiries is enclosed in the form of Leaflet 1514 of AP3392 Vol 4.

1275. (Omitted)

1296.  Assembly and Object.  Sponsor: ACOS Pers Pol (RAF)

(1)         Boards for various purposes and committees may be assembled as may be found necessary, or as may be required by regulation, by any OC a body of the RAF.

(2)         Such boards and committees do not have the powers of a service inquiry convened is accordance with JSP 832 and the swearing in and cross examination of witnesses is not within their normal field.

1297.  Procedure. Sponsor: ACOS Pers Pol (RAF)

(1)         Boards and committees are to be assembled and (within limitations indicated in Para 1296(2)) are to conduct their investigations, prepare their proceedings and record their findings under the regulations laid down in Section 1 so far as they may be applicable, but they will not in any way be bound by those regulations.

(2)         The proceedings are to be recorded on AP3392, Vol 4, Lflt 1514 Annex B, unless any other forms is specified in any particular instance, and are to be submitted to higher authority as may be ordered.

1298.  Audit of Service Accounts. Sponsor: DACOS Community Support

(1)         The accounts of all service funds are to be audited every 12 months by an audit board which is to assemble on the first working day of the audit period. The 12 month audit period may end on any date, subject to the approval of command HQ.

(2)         The Board is to consist of a president and not less than 2 members, one of who may be a warrant officer (Q-Sec-A or Q-Sec-NP). Of the commissioned officers appointed to the board at least one is to be an officer of the Administrative Branch (Secretarial Specialisation); the senior officer appointed is to act as president of the audit board. At the discretion of the CO, warrants officers and SNCO (Q-Sec-A or Q-Sec-NP) may be co-opted to assist the audit board. Officers who are responsible for Service funds are not to be appointed to an audit board if other officers are available. A warrant officer involved in the administration of or accounting for Service funds is not to be appointed as a full member of an audit board. A co-opted member is not to be employed in auditing any fund in which he is involved in any capacity.

(3)         The names of the president, members and any co-opted members of the audit board are to be published in routine orders at the commencement of the audit period; any change in the composition of the audit board is to be published at the time of the change. The cash and bank balances of all Service funds are to be checked by a commissioned officer of the board on the first working day of the ensuing audit period before any cash transactions for that period take place. A certificate of this check is to be entered in the cash book by the checking officer.

(4)         The audit board is to satisfy itself that the Balance Sheet represents the true financial state of the accounts at the date specified. In achieving this and having regard to the object of the fund and the policy in regard to the account, it should satisfy itself as to the accuracy of transactions since the previous balance sheet was audited. The detail of a complete audit is laid down in AP 3223 (Administration and Accounting for Messes, Institutes and Service Funds). The board is to bring to notice all discrepancies including any disbursement which, although in itself legitimate, is in their opinion excessive or extravagant.

(5)         The proceedings of the board are to be prepared in duplicate; the balance of all non-public funds is to be verified and the board are to certify in the proceedings that the instructions contained in this paragraph have been carried out. The proceedings are then to be submitted to the CO who is to append the certificate required by Para 75(4) and forward one copy of the proceedings to the appropriate command HQ. Command HQ are to make an examination of the proceedings and notify any observations thereon to the unit concerned for action, the appropriate group headquarters being informed of the observations if necessary.

(6)         See Para 75 as to the responsibility of the CO; see Chapter 27 - as to band accounts; Para 2356 as to officers of the Administrative Branch (Secretarial Specialisation) employed on accountant duties, and AP 3223 as to conditions under which civilian auditors may be employed.

1299.  Committees of the Adjustment. Sponsor: ACOS Pers Pol (RAF)

(1)         The RAF Standing Committee of Adjustment, located at RAF High Wycombe, is established to deal with the private effects, found on Service property, of an officer or airman who dies, is reported missing or is about to be invalided on account of insanity.

(2)         A Unit Committee of Adjustment is to be appointed to deal with the public and private effects of an officer or airman in either of the following circumstances:

(a) When he has been reported by a Service Inquiry under Para 1275, to be illegally absent

(b) When he is convicted of an offence by a civil court and awarded a custodial sentence which has not been suspended.

(3)         A unit committee is normally to consist of three officers (including the president, who is invariably to be an officer), and is to be appointed as laid down in the regulations under the Regimental Debts Act, 1893. When dealing with the effects of an officer the committee is to be composed entirely of officers, but when the effects of an airman are to be dealt with the CO may appoint a warrant officer or warrant officers to serve on the committee. The committee is to submit a report of its proceedings on Form 2 to the officer by whom it was appointed.

(4)         In all cases the committee of adjustment is to comply with the provisions of the Regimental Debts Act, 1938 and the regulations made thereunder. In interpreting that Act and those regulations the committee is to be guided by the provisions of paras 1330 to 1302, as appropriate.

1300.  Missing and Deceased Personnel and Personnel of Unsound Mind - Disposal of Effects.

The detailed procedure for the disposal of effects, including cash, of missing and deceased personnel and personnel of unsound mind is contained in JSP 751.

1301. Absentees - Disposal of Effects. Sponsor: ACOS Pers Pol (RAF)

(1)         When an airman is under Para 1275 reported to be illegally absent, the instructions contained in Para 1299 are to be complied with, in so far as they are applicable, subject to the modifications contained in this paragraph, and to the special provisions relating to such cases contained in the Regimental Debts Act, 1893.

(2)         An airman’s public and personal clothing, and other equipment is to be disposed of as laid down in Para 2231, and his orders, decorations and medals as laid down in Para J261.

(3)         All his private effects are to be sold.

1302.  Airman Convicted by the Civil Power - Disposal of Effects. Sponsor: ACOS Pers Pol (RAF)

When an airman is convicted of an offence by the civil power and is awarded a custodial sentence which has not been suspended, the instructions contained in Para 1299 are to be complied with, in so far as they are applicable, subject to the special provisions contained in the Regimental Debts Act 1893, and to the provisions of Para 2227.