Section 320A Guidance on exercise of criminal jurisdiction: England or WalesF1

(1)

The Director of Service Prosecutions and the Director of Public Prosecutions must agree a protocol regarding the exercise of concurrent jurisdiction in respect of alleged conduct of the description in subsection (2).

(2)

Subsection (1) refers to conduct of a person subject to service law which—

(a)

occurs when the person is in England or Wales, and

(b)

is punishable by the law of England and Wales.

(3)

The protocol—

(a)

must give guidance as to general principles which are to be taken into account by a relevant prosecutor when considering in which jurisdiction (service or civilian) proceedings should be brought, and

(b)

may give guidance as to—

(i)

procedures for making decisions regarding the exercise of jurisdiction, including as to the cases in which there should be consultation between relevant prosecutors within paragraphs (a) and (b) of subsection (10), and

(ii)

any other matters the Directors think appropriate for the purposes of or in connection with subsection (1).

(4)

Guidance under subsection (3)(a) must be designed to promote fair and efficient justice.

(5)

Where relevant prosecutors within subsection (10)(a) and relevant prosecutors within subsection (10)(b) cannot resolve a disagreement between them about the exercise of jurisdiction in a case to which guidance under this section applies, it is for the Director of Public Prosecutions to decide in which jurisdiction proceedings should be brought in that case.

(6)

The Director of Service Prosecutions and the Director of Public Prosecutions may from time to time agree revisions to the protocol.

(7)

Before agreeing the protocol or revisions to it under this section the Directors must consult—

(a)

the Secretary of State,

(b)

the Attorney General,

(c)

the National Police Chiefs’ Council, and

(d)

any other person the Directors think appropriate.

(8)

The current version of the protocol must be published in whatever manner the Directors think appropriate.

(9)

Consultation undertaken before the Armed Forces Act 2021 is passed is as effective for the purposes of subsection (7) as consultation undertaken after it is passed.

(10)

In this section “relevant prosecutor” means—

(a)

the Director of Service Prosecutions and any person appointed under section 365 (prosecuting officers), and

(b)

the Director of Public Prosecutions, a Crown Prosecutor and any person appointed under section 5(1) of the Prosecution of Offences Act 1985 (conduct of prosecutions on behalf of the Service).

(11)

But this section applies in relation to a relevant prosecutor only where that prosecutor is aware that the Court Martial has (or may have) jurisdiction to try the person in respect of the alleged conduct mentioned in subsection (1).

(12)

In subsection (2)(a) a reference to England or Wales includes the territorial waters of the United Kingdom adjacent to England or Wales (as the case may be).

(13)

In this section—

“conduct” means an act or omission;
“the Directors” means the Director of Service Prosecutions and the Director of Public Prosecutions (acting jointly);
“punishable” has the same meaning as in section 42 (criminal conduct).

Annotations

Textual amendments

F1: Pt. 13 Ch. 3A inserted (1.5.2022 for specified purposes, 13.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 7, 24(1); S.I. 2022/471, reg. 4(b); S.I. 2023/1102, reg. 2

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 13

Modifications

C1: Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)