PART 1

Restrictions on prosecution for certain offences

Consent to prosecution

Requirement of consent to prosecute
5
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.
S. 5 in force at 30.6.2021 by S.I. 2021/678, reg. 2