PART 1

Restrictions on prosecution for certain offences

General

“Relevant offence”
6
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Forces Act 2006 (criminal conduct) or any provision mentioned in paragraph 1(2)(a) to (c) of Schedule 1 (provisions superseded by that section), and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.
S. 6 in force at 30.6.2021 by S.I. 2021/678, reg. 2