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The Overseas Operations Bill: Much to defend

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08 October 2020 / Michael Zander KC
Issue: 7905 / Categories: Features , Military , Human rights , Criminal
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In the public interest? Michael Zander considers the government’s Overseas Operations Bill

In brief

  • The Overseas Operations (Service Personnel and Veterans) Bill has reached Committee stage.
  • The Bill has been met with controversy and received much critical attention.

The Overseas Operations (Service Personnel and Veterans) Bill, which does several controversial things, had its 2nd Reading in the Commons on 23 September and started its Committee stage on 6 October. The Bill provides:

  • A ‘triple-lock’ on criminal proceedings. (1) A statutory presumption against criminal prosecution of service personnel for an offence committed overseas more than five years from the incident. (2) Prosecutors would have to take into account a variety of factors including not only the weight of the evidence, but the ‘exceptional demands and stresses’ of service overseas and the effect the then prevailing conditions are likely to have had on the person’s ability to make sound judgments or exercise self-control, or any other adverse effect on their mental health. (3) Prosecution would require the Attorney
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