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08 October 2020 / Michael Zander KC
Issue: 7905 / Categories: Features , Military , Human rights , Criminal
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The Overseas Operations Bill: Much to defend

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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 General’s consent. Sexual offences are excluded from these provisions. Murder
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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