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Armed Forces Act 2016

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This is the original version (as it was originally enacted).

7Immunity from prosecution

This section has no associated Explanatory Notes

In AFA 2006, after Part 12 insert—

PART 12AOffenders assisting investigations and prosecutions

304AImmunity from prosecution

(1)If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person immunity from prosecution for a service offence, the Director may give the person a written notice under this subsection (an “immunity notice”).

(2)“Relevant service offence” means—

(a)an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an indictable offence under that law; or

(b)any other service offence which, if committed by a person aged 18 or over and tried by the Court Martial, is punishable with imprisonment for more than 2 years.

(3)If a person is given an immunity notice, the person may not be tried for a service offence of a description specified in the notice except in circumstances specified in the notice.

(4)An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.

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