Details
This protocol outlines the process whereby decisions will be made about whether cases will be prosecuted by COPFS in the civilian court system in Scotland or the by the Service Prosecution Authority within the military system.
It applies in cases where the accused could be charged with an offence under Section 42 of the Armed Forces Act 2006, or a broadly equivalent offence under the law of Scotland.
It has been agreed by the Lord Advocate and the Director of Service Prosecutions.
This document is for use by prosecutors when making decisions about jurisdiction in matters which have involve members of the armed forces.