PART 1 U.K.Restrictions on prosecution for certain offences

GeneralU.K.

6“Relevant offence”U.K.

(1)Relevant offence” means any of the following (but with the exceptions set out in subsections (2) to (5))—

(a)an offence under section 42 of the Armed Forces Act 2006 (criminal conduct) or any provision mentioned in paragraph 1(2)(a) to (c) of Schedule 1 (provisions superseded by that section), and

(b)an offence punishable with a criminal penalty by the law of any part of the United Kingdom.

(2)An offence is not a “relevant offence” if it is committed against an individual who at the time when the offence is committed is—

(a)a member of the regular or reserve forces,

(b)a member of a British overseas territory force,

(c)a Crown servant, or

(d)a defence contractor.

(3)A service offence is not a “relevant offence” if it is an excluded offence by virtue of Part 1 of Schedule 1.

(4)An offence punishable with a criminal penalty by the law of England and Wales, or of Northern Ireland, is not a “relevant offence” if it is an excluded offence in that part of the United Kingdom by virtue of Part 2 or 5 of Schedule 1.

(5)An offence punishable with a criminal penalty by the law of Scotland is not a “relevant offence” if it is an excluded offence in Scotland by virtue of Part 3 or 5 of Schedule 1.

(6)An offence is not a “relevant offence” if it is an excluded offence by virtue of Part 4 of Schedule 1.

Commencement Information

I1S. 6 in force at 30.6.2021 by S.I. 2021/678, reg. 2