GovWire

Guidance: Service Prosecuting Authority

Ministry Of Defence

August 1
09:15 2023

Mission statement

The Service Prosecuting Authority (SPA) provides for the independent, fair and efficient consideration of criminal cases and offences contrary to service discipline within its jurisdiction. It will initiate prosecutions where justified, conducting just and thorough proceedings in the Service courts. It will liaise effectively with the police, and deal with prosecution witnesses and victims of crime with care and sensitivity. Although independent from the Service chain of command, the SPA fulfils its functions in support of operational effectiveness of the Armed Forces throughout the world.

What we do

The SPA is the principal prosecuting authority within the Service Justice System and is responsible for the consideration and, where necessary, prosecution of service offences before the Service Courts, which include, the Court Martial, the Court Martial Appeal Court, the Service Civilian Court and the Summary Appeal Court.

In respect of cases referred to it by either a Service Police Force or a Commanding Officer, the SPA:

  • decides whether the case should be prosecuted
  • decides where the case should be prosecuted
  • determines the appropriate charges to bring
  • prepares cases and presents them in the Service courts using either employed advocates or members of the Bar.

In addition the SPA works closely with and provides advice to the Service Police Forces in respect to the investigation of offences.

How we do it

The SPA is independent of both the Ministry of Defence and the military chain of command in respect of its prosecutorial functions.

The SPA acts under the general superintendence of the Attorney General.

The SPA acts in accordance with the Code for Crown Prosecutors.

The SPA is committed to delivering a high quality prosecution service, as expressed in our Casework Quality Standards (PDF, 134 KB, 4 pages).

Who we are

The SPA was established in 2009 when the three single service prosecuting authorities were amalgamated.

The Director of Service Prosecutions (DSP) is the head of the SPA and operates under the general superintendence of the Attorney General.

The current Director of Service Prosecutions is Mr Jonathan Rees KC: Mr Jonathan Rees KC biography (ODT, 5.14 KB)

The principal statute governing the Service Justice System is the Armed Forces Act 2006.

TheSPAhas an establishment of 60 members of staff, 26 of whom are prosecutors (21 military prosecutors, 5 civilian prosecutors).

The principles we follow:

The SPA will act with fairness and impartiality seeking always to achieve the outcome that best meets the interests of justice and operational effectiveness.

In particular Service prosecutors will act in accordance with the following:

Prosecutors and support staff will act in accordance with the following (as appropriate):

Publication scheme

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