[320B Guidance on exercise of criminal jurisdiction: Scotland]

[320B  Guidance on exercise of criminal jurisdiction: Scotland]

[(1)     The Director of Service Prosecutions and the Lord Advocate must agree a protocol regarding the exercise of concurrent jurisdiction, in respect of alleged conduct of the description in subsection (2), in the cases specified in subsection (3).

(2)     Subsection (1) refers to conduct of a person subject to service law which—

(a)     occurs when the person is in Scotland, and

(b)     constitutes an offence under the law of Scotland.

(3)     The cases mentioned in subsection (1) are where—

(a)     the alleged conduct also constitutes an offence under section 42 (criminal conduct), or

(b)     the person mentioned in subsection (2) could on the same facts be charged with an offence under section

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