EAP86:-
At the most, the MOD could only expect a Crown Censure (by which the Health and Safety Executive records there would be sufficient evidence to secure a H&S conviction against the MOD).
Then let us hope that is exactly what happens. Personally I would rate Crown Censure of the MOD as equivalent to a conviction, given that the latter would merely mean the PBTP would end up picking up the tab anyway. As to:-
While individuals employed by MOD can be prosecuted under the HASAWA for failing to perform their prescribed duties
We can only hope that the apparent exclusion of those of 2* and above from any prosecution under Military Law does not extend to the HASAWA.