Publication date:
The Public Prosecution Service (PPS) and the Service Prosecuting Authority (SPA) have agreed on a new protocol to provide clear guidelines for determining whether armed forces personnel subject to Service law should be handled within the civilian or military justice systems.
This Protocol, which now has a statutory foundation, aims to ensure fair, efficient, and consistent decision-making as to the appropriate jurisdiction in these cases.
The Protocol establishes a structured process for consultation between the PPS and SPA on the issue of jurisdiction in cases of murder, manslaughter, domestic abuse, and child abuse, as well as cases involving suspects or defendants under the age of 18. By setting out clear criteria and a collaborative decision-making framework, the Protocol supports transparency and consistency in determining the most appropriate jurisdiction for each case.
The development of this Protocol was informed by a comprehensive consultation process, ensuring it reflects a range of perspectives and concerns. Notably, the Protocol emphasises the importance of considering the victim’s views in the decision-making process, aiming to balance their needs with those of the justice system.
In cases involving domestic or sexual abuse, the Protocol identifies unique factors for prosecutors to consider, such as the ability of each system to offer suitable victim support. This may include multi-agency approaches or specialised orders available upon conviction. Additionally, the civilian system’s capacity to prioritise the best interests of children - through measures like diversionary disposals - is highlighted as a significant consideration in cases involving young people.
The Protocol also provides for escalation within the respective organisations in the event of disagreement, with the PPS ultimately having primacy as regards any final decisions. It is further intended that records of relevant decisions will be kept to inform a subsequent evaluation of how effectively the Protocol is operating.
This new Protocol marks a significant step towards ensuring effective consultation on the appropriate venue for any prosecution of armed forces personnel, ensuring that each case is managed in a manner that promotes justice for both victims and defendants alike.
You can read the Protocol in full on the PPS website.