As part of the Bill, serving and former armed forces personnel will have more legal protection from prosecution for alleged historical offences resulting from overseas operations. This new law is an important step in the Government’s ongoing commitment to provide life-long support to military personnel to whom a vast debt of gratitude is owed. It recognises the unique burden and pressures felt by military personnel during overseas conflict.
However, this Bill also ensures allegations of torture will continue to be investigated and prosecuted wherever and whenever there is sufficient evidence to do so. It puts in place a statutory presumption against prosecution. Once five years have elapsed from the date of an incident, there must be new and compelling evidence for a prosecutor to seek prosecution of a service person or veteran for an offence committed during an oversea operation.
Serious offences, including grave breaches of the Geneva Conventions, will still be prosecuted on the basis of the sufficiency of new evidence and whether a prosecution would be in the public interest.
It is important that service personnel and veterans are protected from the endless cycle of vexatious claims and repeated investigations that have blighted so many in recent years.
