header-logo header-logo

08 October 2020 / Michael Zander KC
Issue: 7905 / Categories: Features , Military , Human rights , Criminal
printer mail-detail

The Overseas Operations Bill: Much to defend

28860
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 General’s consent. Sexual offences are excluded from these provisions. Murder
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll