- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/05/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 13/11/2023
Point in time view as at 01/05/2022. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Armed Forces Act 2021, Section 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
In Part 13 of AFA 2006, after Chapter 3 insert—
(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).
(1)The Director of Service Prosecutions and the Lord Advocate must agree a protocol regarding the exercise of concurrent jurisdiction, in respect of alleged conduct of the description in subsection (2), in the cases specified in subsection (3).
(2)Subsection (1) refers to conduct of a person subject to service law which—
(a)occurs when the person is in Scotland, and
(b)constitutes an offence under the law of Scotland.
(3)The cases mentioned in subsection (1) are where—
(a)the alleged conduct also constitutes an offence under section 42 (criminal conduct), or
(b)the person mentioned in subsection (2) could on the same facts be charged with an offence under section 42 which is broadly equivalent to the offence under the law of Scotland.
(4)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 (11), and
(ii)any other matters the issuing authorities think appropriate for the purposes of or in connection with subsection (1).
(5)Guidance under subsection (4)(a) must be designed to promote fair and efficient justice.
(6)Where relevant prosecutors within subsection (11)(a) and relevant prosecutors within subsection (11)(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 Lord Advocate to decide in which jurisdiction proceedings should be brought in that case.
(7)The Director of Service Prosecutions and the Lord Advocate may from time to time agree revisions to the protocol.
(8)Before agreeing the protocol or revisions to it under this section the issuing authorities must consult—
(a)the Secretary of State,
(b)the chief constable of the Police Service of Scotland, and
(c)any other person the issuing authorities think appropriate.
(9)The current version of the protocol must be published in whatever manner the issuing authorities think appropriate.
(10)Consultation undertaken before the Armed Forces Act 2021 is passed is as effective for the purposes of subsection (8) as consultation undertaken after it is passed.
(11)The following are “relevant prosecutors” for the purposes of this section—
(a)the Director of Service Prosecutions and any person appointed under section 365 (prosecuting officers), and
(b)any prosecutor as defined in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (other than a private prosecutor).
(12)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).
(13)In subsection (2)(a) the reference to Scotland includes the territorial waters of the United Kingdom adjacent to Scotland.
(14)In this section—
“conduct” means an act or omission;
“the issuing authorities” means the Director of Service Prosecutions and the Lord Advocate (acting jointly).
(1)The Director of Service Prosecutions and the Director of Public Prosecutions for Northern Ireland must agree a protocol regarding the exercise of concurrent jurisdiction, in respect of alleged conduct of the description in subsection (2), in the cases specified in subsection (3).
(2)Subsection (1) refers to conduct of a person subject to service law which—
(a)occurs when the person is in Northern Ireland, and
(b)constitutes an offence under the law of Northern Ireland.
(3)The cases mentioned in subsection (1) are where—
(a)the alleged conduct also constitutes an offence under section 42 (criminal conduct), or
(b)the person mentioned in subsection (2) could on the same facts be charged with an offence under section 42 which is broadly equivalent to the offence under the law of Northern Ireland.
(4)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 (11), and
(ii)any other matters the issuing authorities think appropriate for the purposes of or in connection with subsection (1).
(5)Guidance under subsection (4)(a) must be designed to promote fair and efficient justice.
(6)Where relevant prosecutors within subsection (11)(a) and relevant prosecutors within subsection (11)(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 for Northern Ireland to decide in which jurisdiction proceedings should be brought in that case.
(7)The Director of Service Prosecutions and the Director of Public Prosecutions for Northern Ireland may from time to time agree revisions to the protocol.
(8)Before agreeing the protocol or revisions to it under this section the issuing authorities must consult—
(a)the Secretary of State,
(b)the Department of Justice in Northern Ireland,
(c)the Chief Constable of the Police Service of Northern Ireland,
(d)the Attorney General for Northern Ireland, and
(e)any other person the issuing authorities think appropriate.
(9)The current version of the protocol must be published in whatever manner the issuing authorities think appropriate.
(10)Consultation undertaken before the Armed Forces Act 2021 is passed is as effective for the purposes of subsection (8) as consultation undertaken after it is passed.
(11)The following are “relevant prosecutors” for the purposes of this section—
(a)the Director of Service Prosecutions and any person appointed under section 365 (prosecuting officers), and
(b)the Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland, a Public Prosecutor and any person appointed under section 36(2) of the Justice (Northern Ireland) Act 2002 (c. 26 (N.I.)) (exercise of functions on behalf of the Service).
(12)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).
(13)In subsection (2)(a) the reference to Northern Ireland includes the territorial waters of the United Kingdom adjacent to Northern Ireland.
(14)In this section—
“conduct” means an act or omission;
“the issuing authorities” means the the Director of Service Prosecutions and the Director of Public Prosecutions for Northern Ireland (acting jointly).”
Commencement Information
I1S. 7 not in force at Royal Assent, see s. 24(1)
I2S. 7 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 4(b)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys