Mission statement
The Service Prosecuting Authority (SPA) provides for the independent, fair and efficient consideration of criminal cases and offences contrary to service discipline within its jurisdiction. It will initiate prosecutions where justified, conducting just and thorough proceedings in the Service courts. It will liaise effectively with the police, and deal with prosecution witnesses and victims of crime with care and sensitivity. Although independent from the Service chain of command, the SPA fulfils its functions in support of operational effectiveness of the Armed Forces throughout the world.
What we do
The SPA is the principal prosecuting authority within the Service Justice System and is responsible for the consideration and, where necessary, prosecution of service offences before the Service Courts, which include, the Court Martial, the Court Martial Appeal Court, the Service Civilian Court and the Summary Appeal Court.
In respect of cases referred to it by either a Service Police Force or a Commanding Officer, the SPA:
- decides whether the case should be prosecuted
- decides where the case should be prosecuted
- determines the appropriate charges to bring
- prepares cases and presents them in the Service courts – using either employed advocates or members of the Bar.
In addition the SPA works closely with and provides advice to the Service Police Forces in respect to the investigation of offences.
How we do it
The SPA is independent of both the Ministry of Defence and the military chain of command in respect of its prosecutorial functions.
The SPA acts under the general superintendence of the Attorney General.
The SPA acts in accordance with the Code for Crown Prosecutors.
The SPA is committed to delivering a high quality prosecution service, as expressed in our .
Who we are
The SPA was established in 2009 when the three single service prosecuting authorities were amalgamated.
The Director of Service Prosecutions (DSP) is the head of the SPA and operates under the general superintendence of the Attorney General.
The current Director of Service Prosecutions is Mr Jonathan Rees KC:
The principal statute governing the Service Justice System is the Armed Forces Act 2006.
The SPA has an establishment of 60 members of staff, 26 of whom are prosecutors (21 military prosecutors, 5 civilian prosecutors).
The principles we follow:
The SPA will act with fairness and impartiality seeking always to achieve the outcome that best meets the interests of justice and operational effectiveness.
In particular Service prosecutors will act in accordance with the following:
Prosecutors and support staff will act in accordance with the following (as appropriate):
Information access requests
While the Service Prosecuting Authority is independent of the service chain of command (its prosecution function), the Ministry of Defence acts as data controller in respect of the Freedom of Information Act 2001 (FOIA) and the Data Protection Act 2018 (DPA).
Requests for recorded information made under the FOIA should be sent to CIO-FOI@mod.gov.uk in the first instance.
Requests for Personal Information made under the DPA should be sent to CIO-DPA@mod.gov.uk.
Guidance for making requests under the FOIA and DPA can be found here: How to make a freedom of information (FOI) request.
Further information
Publication scheme
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- JSP 839: Victim’s Services
Protocol Between Law Officers and the Service Prosecuting Authority (SPA)
The protocol defining the relationship between Law Officers and the Service Prosecuting Authority has now been agreed and published. This is the first time that a formal protocol has been put in place between Law Officers and SPA.
Read more about the protocol between the Law Officers and the Service Prosecuting Authority.
Protocols relating to concurrent jurisdiction in the UK
Sections 320A, 320B and 320C of the Armed Forces Act 2006 require the Director of Service Prosecutions to agree protocols regarding the exercise of concurrent jurisdiction with the Director of Public Prosecutions, the Lord Advocate and the Director of Public Prosecutions for Northern Ireland, in respect of alleged criminal conduct of persons subject to service law in England and Wales, Scotland or Northern Ireland.
In such a case, both the Service Justice System and the relevant civilian justice system have jurisdiction to investigate and potentially prosecute the individual. The protocols provide guidance to prosecutors at the Service Prosecuting Authority (SPA) and the relevant civilian prosecuting authority on the most appropriate jurisdiction depending on the nature of the case, including circumstances where consultation between the two authorities is necessary.
The principle underpinning the protocols is the promotion of fair and efficient justice. This includes support for the effective participation of victims, witnesses, suspects and defendants to ensure public confidence in the civilian justice systems and the Service Justice System.
The protocol regarding the exercise of criminal jurisdiction in England and Wales was agreed on 25 October 2023: Joint Prosecution Protocol.
The protocol regarding the exercise of criminal jurisdiction in Northern Ireland was agreed on 4 November 2023:
The contents of the protocol regarding the exercise of criminal jurisdiction in Scotland are still the subject of negotiation.
Service Prosecuting Authority
RAF Northolt
West End Road
RUISLIP
Middlesex
HA4 6NG
Email: SPA-External@mod.gov.uk