238. Criminal liability of members of the armed forces for offences committed against civilians whilst on duty.

Where death or injury to the person results from the excessive exercise of service authority, or from wrongful acts done by members of the armed forces on duty, the responsible individual is liable to criminal proceedings1.

The Ministry of Defence may be guilty of an offence if the way in which its activities are managed or organised causes the death of a person in the armed forces, and amounts to a gross breach of a relevant duty of care owed by it to the deceased