Overseas Operations (Service Personnel and Veterans) Act 2021

Consent to prosecution

5 Requirement of consent to prosecute

(1) This section applies where—

(a) the condition in subsection (4) is met in relation to potential proceedings against a person for a relevant offence, and

(b) the period of 5 years beginning with the day on which the alleged conduct took place has expired.

(2) If the offence is a service offence, no proceedings may be instituted against the person for the offence under the Armed Forces Act 2006 except with the consent of the Attorney General.

(3) No proceedings may be instituted against the person for the offence—

(a) where the offence is punishable with a criminal penalty by the law of England and Wales, except with the consent of the Attorney General,

(b) where the offence is punishable with a criminal penalty by the law of Northern Ireland, except with the consent of the Advocate General for Northern Ireland.

(4) The condition mentioned in subsection (1)(a) is that the alleged conduct took place (outside the British Islands) at a time when the person was—

(a) a member of the regular or reserve forces, or a member of a British overseas territory force to whom section 369(2) of the Armed Forces Act 2006 (persons subject to service law) applies, and

(b) deployed on overseas operations.

(5) If the offence is alleged to have continued over a period of days, the 5 year period mentioned in subsection (1)(b) is to be taken to begin with the last of those days.