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Armed Forces: Director of Service Prosecutions

Volume 700: debated on Thursday 3 April 2008

asked Her Majesty's Government:

Why the Director of Service Prosecutions is not mentioned in Clause 2 of the Draft Constitutional Renewal Bill; whether it is their intention that the Director of Service Prosecutions will remain under the superintendence of the Attorney-General; and whether it is their intention that the Attorney- General will retain the right to give directions in individual cases in relation to service offences. [HL2890]

Clause 2 of the draft Constitutional Renewal Bill relates only to the directors subject to statutory superintendence by the Attorney-General, which is not the case with the Director of Service Prosecutions. It is intended that the Attorney-General's general superintendence of service prosecuting authorities on a non-statutory basis will continue. The proposed power in Clause 12 to give a direction not to prosecute where this is necessary to safeguard national security, will apply to all prosecutors.