Part 13Discipline: Miscellaneous and Supplementary
F1Chapter 3AGuidance on Exercise of Criminal Jurisdiction
320CGuidance on exercise of criminal jurisdiction: Northern Ireland
(1)
(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).