Launch of consultation processes in respect of protocols on concurrent jurisdiction
Updated 25 October 2023
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By virtue of sections 320A, 320B and 320C of the Armed Forces Act 2006, the Director of Service Prosecutions (DSP) must agree protocols regarding the exercise of concurrent jurisdiction with, respectively, the Director of Public Prosecutions (DPP), the Lord Advocate (LA) and the Director of Public Prosecutions for Northern Ireland (DPPNI). The protocols must give guidance as to the general principles that are to be taken into account when deciding whether a case alleging criminal conduct against a person subject to service law, that occurred in England and Wales, Scotland or Northern Ireland, should be brought in the service or civilian jurisdiction.
There is already such a written protocol in existence relating to alleged criminal conduct in England and Wales, agreed between the DPP, the DSP and the Ministry of Defence. No such written protocol currently exists in respect of concurrent jurisdiction in either Scotland or Northern Ireland.
The relevant provisions require that the Directors or the issuing parties to the protocols consult with various named consultees and any other person they think appropriate before the protocols are agreed. Accordingly, consultation processes have been launched on 23 February 2023 in respect of the proposed revised protocol regarding the exercise of concurrent jurisdiction in England and Wales and the corresponding proposed protocols relating to Scotland and Northern Ireland. The consultation will last for a period of eight weeks and conclude at 23:45 on 20 April 2023.
It has been decided that there will be public consultations in respect of the proposed protocols for England and Wales, and Northern Ireland. There will not be a public consultation in Scotland because of the constitutional position of the Lord Advocate. However, the DSP and the Lord Advocate have agreed to consult a number of other appropriate persons in addition to those consultees they are required to consult by statute.
Further details of the public consultation regarding the proposed revised protocol between the DPP (CPS) and the DSP (SPA): Consultation on Revisions to the CPS-SPA Protocol regarding the exercise of criminal jurisdiction in England and Wales - The Crown Prosecution Service
Details of the public consultation on the proposed protocol between the DPPNI (PPS) and the DSP (SPA): Protocol regarding the exercise of Criminal Jurisdiction in Northern Ireland – draft for consultation - Public Prosecution Service Northern Ireland .