Commentary on provisions of Act Section 7: Concurrent jurisdiction New section: 320A Guidance on exercise of criminal jurisdiction: England and Wales
New section 320A places a duty on the Director of Service Prosecutions and the Director of Public Prosecutions to agree a protocol where there is concurrent jurisdiction. Concurrent jurisdiction arises where alleged criminal conduct by a service person in England and Wales could be tried as a criminal conduct offence under section 42 of the AFA 2006 in the service justice system or as a criminal offence in the civilian criminal justice system.
	Subsection (3) provides that the protocol must give guidance to relevant prosecutors to assist in the decision as to where a case should be prosecuted. The protocol may also give guidance as to the process to be followed in making such decisions. In particular, the guidance may provide for the circumstances in which consultation may be needed between prosecutors in the service justice system and civilian criminal justice system. The guidance may provide, for example, that consultation between prosecutors in separate systems is only required in certain types of circumstances.
	Subsection (5) provides that where the protocol applies, and prosecutors are unable to resolve a disagreement as to the appropriate jurisdiction for a case, the Director of Public Prosecutions will make the final decision.
	Subsections (6) to (8) contain further provisions in respect of the protocol. To maintain currency of the protocol, subsection (6) provides that the Director of Service Prosecutions and the Director of Public Prosecutions may revise the protocol from time to time. Subsection (7) requires the Directors to consult the people listed there before agreeing the protocol or any revision. Subsection (8) requires the current version of the protocol to be published.