PART 1

Restrictions on prosecution for certain offences

Presumption against prosecution

Prosecutorial decision regarding alleged conduct during overseas operations
1
1
Where a relevant prosecutor makes a decision to which this section applies and the conditions in subsections (3) and (4) are met, the prosecutor must, in making the decision—
a
apply the principle set out in section 2, and
b
comply with section 3.
2
This section applies to a decision of a relevant prosecutor as to—
a
whether or not proceedings should be brought against a person for a relevant offence, or
b
whether or not any proceedings against a person for a relevant offence should be continued,
(but does not apply to a prosecutor’s decision so far as it relates to whether or not there is sufficient evidence to justify prosecution).
3
The first condition 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.
4
The second condition is that the period of 5 years beginning with the day on which the alleged conduct took place has expired.
5
If the offence is alleged to have continued over a period of days, the 5 year period mentioned in subsection (4) is to be taken to begin with the last of those days.
6
In this Part “overseas operations” means any operations outside the British Islands, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of Her Majesty’s forces come under attack or face the threat of attack or violent resistance.