Ministry Of Defence
October 25
15:53
2023
Access Joint Prosecution Protocol.
Consultation outcome: Joint Prosecution Protocol Consultation
Feedback received
Detail of feedback received
This is a summary of responses to the public consultation undertaken by the Crown Prosecution Service (CPS) and the Service Prosecution Authority (SPA) on revisions to the CPS-SPA Protocol regarding the exercise of criminal jurisdiction in England and Wales (the Protocol).
Original consultation
Consultation description
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 the CPS and the 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.
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