Army Prosecuting Authority

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The Army Prosecuting Authority (APA) is an agency of the British Ministry of Defence. It was created as an independent body by the Armed Forces Act 1996 on 1 April 1997 and has branches in the United Kingdom and in British Forces Germany (BFG).

The current Prosecuting Authority is Major-General D. M. Howell, who is also the Director of Army Legal Services.

The APA came into being after the court martial sysyem was challenged in the European Court of Human Rights by ex-Lance-Sergeant Alec Findlay. The complaint was that the system whereby the convening officer appointed the members of the court, appointed the prosecutor, directed the charges and, post-trial, became the confirming officer, was not an independent one. The ECHR upheld his complaint and found that the system had the appearance of being unfair.

The APA liaises with the Military Court Service, the office of the Judge Advocate General, the Attorney-General, other prosecuting authorities (including the Crown Prosecution Service), civilian solicitors, and the military and civilian police.



 
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