Ministry Of Defence
October 25
15:53
2023
Details
The protocol applies in respect of conduct of a person subject to Service law, which occurs when that person is in England or Wales.
In these circumstances, both Crown Prosecution Service (CPS) and the Service Prosecuting Authority (SPA) have jurisdiction to bring criminal proceedings, and it is necessary to determine the appropriate jurisdiction, the civilian courts or courts martial.
The protocol identifies principles and factors which are to be considered when a decision is made as to the appropriate jurisdiction in which to bring proceedings.