ANON Gurkha recruits on the Parade square
The SPA is investigating a number of cases brought against UK special forces personnel for their actions in Syria (Picture: MOD)
Tri-Service

What is the Service Prosecuting Authority and what powers does it have?

ANON Gurkha recruits on the Parade square
The SPA is investigating a number of cases brought against UK special forces personnel for their actions in Syria (Picture: MOD)

Nine special forces troops could be prosecuted over alleged war crimes in Syria, according to Ministry of Defence figures.

The body considering the cases, with one involving one individual and another case involving eight, is the Service Prosecuting Authority (SPA).

But what is the SPA and what powers does it have?

The SPA is the military equivalent of the Crown Prosecution Service and is responsible for considering service offences.

These include the Court Martial, the Court Martial Appeal Court, the Service Civilian Court and the Summary Appeal Court.

It is the SPA's job to help the court decide whether the case should be prosecuted and where - as well as deciding the charges to bring and preparing the case to bring forward in the service courts.

This last responsibility is done by either employed advocates or members of the Bar.

The SPA  also helps the courts decide on sentencing for any cases it works on.

It is independent of the MOD and Armed Forces chain of command, acting under the general superintendence of the Attorney General.

It also acts in accordance with the Code for Crown Prosecutors.

In its mission statement, the SPA explains that it will "liaise effectively with the police, and deal with prosecution witnesses and victims of crime with care and sensitivity".

It also outlines how the SPA "fulfils its functions in support of operational effectiveness of the armed forces throughout the world".

The SPA follows the codes of each of the Armed Forces.

These include A Soldier's Values and Standards – The British Army; Our People – Royal Navy; RAF Ethos, Core Values and Standards; and The Civil Service Code.

It is prosecuting the eight personnel after last year the Daily Mail reported that five serving SAS soldiers were facing a murder investigation over the death of a suspected jihadist in Syria two years ago.

A report sent to the SPA from military bosses said the soldiers had been watching a suspect jihadi compound at night when suspects allegedly ran from the property shortly before a planned raid.

The newspaper said special forces chiefs believe troops used excessive force and should have arrested one of the suspects, who was shot dead.

However, it said the soldiers believed the suspect had been wearing a suicide vest and was intent on attacking British troops.

While he was ultimately found not to have been wearing one at the time, a vest was discovered nearby, the paper quoted sources as saying.

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