Service Prosecuting Authority – GOV.UK

Mission assertion

The Service Prosecuting Authority (SPA) gives for the unbiased, honest and environment friendly consideration of felony instances and offences opposite to service self-discipline inside its jurisdiction. It can provoke prosecutions the place justified, conducting simply and thorough proceedings within the Service courts. It can liaise successfully with the police, and take care of prosecution witnesses and victims of crime with care and sensitivity. Though unbiased from the Service chain of command, the SPA fulfils its features in assist of operational effectiveness of the Armed Forces all through the world.

What we do

The SPA is the principal prosecuting authority inside the Service Justice System and is liable for the consideration and, the place essential, prosecution of service offences earlier than the Service Courts, which embrace, the Courtroom Martial, the Courtroom Martial Attraction Courtroom, the Service Civilian Courtroom and the Abstract Attraction Courtroom.

In respect of instances referred to it by both a Service Police Power or a Commanding Officer, the SPA:

• decides whether or not the case needs to be prosecuted
• decides the place the case needs to be prosecuted
• determines the suitable expenses to carry
• prepares instances and presents them within the Service courts – utilizing both employed advocates or members of the Bar.

As well as the SPA works intently with and gives recommendation to the Service Police Forces in respect to the investigation of offences.

How we do it

The SPA is unbiased of each the Ministry of Defence and the navy chain of command in respect of its prosecutorial features.

The SPA acts below the overall superintendence of the Lawyer Common.

The SPA acts in accordance with the Code for Crown Prosecutors.

The SPA is dedicated to delivering a top quality prosecution service, as expressed in our
Casework High quality Requirements (PDF, 131 KB, 4 pages).

Who we’re

The SPA was established in 2009 when the three single service prosecuting authorities have been amalgamated.

The Director of Service Prosecutions (DSP) is the pinnacle of the SPA and operates below the overall superintendence of the Lawyer Common.

The present Director of Service Prosecutions is Mary Cowe:
Director Mary Cowe biography (ODT, 7.02 KB)

The principal statute governing the Service Justice System is the Armed Forces Act 2006.

The SPA has an institution of 60 members of workers, 26 of whom are prosecutors (21 navy prosecutors, 5 civilian prosecutors).

The ideas we observe:

The SPA will act with equity and impartiality looking for at all times to attain the result that greatest meets the pursuits of justice and operational effectiveness.

Particularly Service prosecutors will act in accordance with the next:

Prosecutors and assist workers will act in accordance with the next (as applicable):

Info entry requests

Whereas the Service Prosecuting Authority is unbiased of the service chain of command (its prosecution perform), the Ministry of Defence acts as knowledge controller in respect of the Freedom of Info Act 2001 (FOIA) and the Knowledge Safety Act 2018 (DPA).

Requests for recorded data made below the FOIA needs to be despatched to CIO-FOI@mod.gov.uk within the first occasion.

Requests for Private Info made below the DPA needs to be despatched to CIO-DPA@mod.gov.uk.

Steering for making requests below the FOIA and DPA may be discovered right here: Methods to make a freedom of data (FOI) request.

Additional data

Publication scheme

• 
  Steering on dealing with complaints (PDF, 161 KB, 7 pages) or
  Steering on dealing with complaints (ODT, 36.4 KB)
• 
  Casework High quality Requirements (PDF, 131 KB, 4 pages) or
• 
  Sufferer’s proper to assessment – coverage (PDF, 197 KB, 5 pages) or
  Sufferer’s proper to assessment – coverage (ODT, 23.9 KB)
• 
  The Armed Forces Code of Apply for victims of crime (PDF, 608 KB, 65 pages)
• JSP 839: Victims’ Providers

Protocol Between Legislation Officers and the Service Prosecuting Authority (SPA)

The protocol defining the connection between Legislation Officers and the Service Prosecuting Authority has now been agreed and revealed. That is the primary time {that a} formal protocol has been put in place between Legislation Officers and SPA.

Learn extra concerning the protocol between the Legislation Officers and the Service Prosecuting Authority.

Protocols referring to concurrent jurisdiction within the UK

Sections 320A, 320B and 320C of the Armed Forces Act 2006 require the Director of Service Prosecutions to agree protocols concerning the train of concurrent  jurisdiction with the Director of Public Prosecutions, the Lord Advocate and the Director of Public Prosecutions for Northern Eire, in respect of alleged felony conduct of individuals topic to service legislation in England and Wales, Scotland or Northern Eire.

In such a case, each the Service Justice System and the related civilian justice system have jurisdiction to research and probably prosecute the person. The protocols present steering to prosecutors on the Service Prosecuting Authority (SPA) and the related civilian prosecuting authority on essentially the most applicable jurisdiction relying on the character of the case, together with circumstances the place session between the 2 authorities is important.

The precept underpinning the protocols is the promotion of honest and environment friendly justice. This contains assist for the efficient participation of victims, witnesses, suspects and defendants to make sure public confidence within the civilian justice methods and the Service Justice System.

The protocol concerning the train of felony jurisdiction in England and Wales was agreed on 25 October 2023 and an up to date model agreed on the 18 December 2025: Joint Prosecution Protocol.

The protocol concerning the train of felony jurisdiction in Northern Eire was agreed on 4 November 2024:
Protocol concerning the train of felony jurisdiction in NI (PDF, 143 KB, 8 pages)

The contents of the protocol concerning the train of felony jurisdiction in Scotland are nonetheless the topic of negotiation.

E mail: SPA-Exterior@mod.gov.uk