Commons Sense

House of Commons · Written Ministerial Statement

Service Justice System Update

12 November 2020 · Ministry of Defence

Proposed by Ben Wallace Con Wyre and Preston North

Summarised by AI from the official record, so it can contain mistakes.

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At a glance

Key points

  • The decision to maintain jurisdictional concurrency for cases of murder, manslaughter, and rape committed by Service personnel in the UK is confirmed.
  • The minister plans to revise guidance around jurisdiction for criminal offending by service personnel in the UK.
  • The department will consult with the Scottish and Northern Irish devolved administrations on the proposed statutory arrangements.

Issue summary

The statement addresses the decision to maintain jurisdictional concurrency for cases of murder, manslaughter, and rape committed by Service personnel in the UK.

Action requested

The minister plans to revise guidance around jurisdiction for criminal offending by service personnel in the UK, engage with SJS and CJS authorities, conduct public engagement on relevant factors, and propose statutory arrangements. The department will also consult devolved administrations in Scotland and Northern Ireland.

Key facts

  • Decision announced after reconsideration of February 2020 decision.
  • Service Justice System (SJS) is capable of handling offences committed by service personnel in the UK and overseas.
  • Director of Public Prosecutions retains final say on case allocation in England and Wales.
  • Department will lead an exercise to revise current guidance with SJS and CJS authorities.
  • Public engagement will be conducted to inform relevant factors for case allocation decisions.
  • Proposals will be made to place arrangements between SJS and CJS on a statutory basis.
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