Jonathan Ames; The Times
Victims of alleged crimes by members of the armed forces are to be consulted for the first time over whether their cases are prosecuted by military or civilian authorities.
Officials unveiled a planned joint protocol between the Crown Prosecution Service and the Service Prosecuting Authority, which will apply to cases involving military personnel in England and Wales.
The civil and military authorities started an eight-week consultation on the measures that will mean that the preferences of those claiming to be victims of offences by armed forces personnel must be taken into account when a decision is made on how the case will be prosecuted.
Currently, the CPS handles the prosecution of military personnel when civilian victims or property are involved. But prosecutors want to give alleged victims more input into how cases are tried.
The Times understands that both prosecution authorities are specifically concerned about allegations of sexual offences against military personnel.
Over the past few years the CPS had low rates of prosecution for rape and sexual offences. In cases involving allegations against members of the armed forces, victims may wish to press for the prosecution to be conducted by the military authorities.
CPS officials confirmed that the proposed protocol would also apply in cases where one member of the armed forces made allegations of a criminal offence against a colleague and wanted that case to be prosecuted by the civilian authority.
Such cases are currently prosecuted by the SPA.
Under the proposals, both prosecution authorities would have to consult each other to decide which should prosecute in cases involving military personnel who are alleged to have committed murder, manslaughter, rape, and some types of sexual assault.
The requirement would also apply to all allegations of offences involving military personnel under the age of 18.
Ministry of Justice figures from 2021 estimated that about 3 per cent of the total prison population in England and Wales — which is about 80,600 people — are ex-service personnel.
Max Hill KC, director of public prosecutions for England and Wales, who oversees the CPS, described the proposals as “a step in the right direction for both the civilian and military justice systems in our efforts to see more perpetrators brought to justice”.
He added that all decisions on how cases would be prosecuted would be taken by “senior legal managers”.
Jonathan Rees KC, director of service prosecutions, said: “Careful thought has been given to the numerous factors that have been included in the draft revised protocol to reflect the fundamental differences between the two jurisdictions and to take account of the best interests of victims and children, and relevant considerations in cases involving allegations of domestic abuse, sexual offending or child abuse.”