Overview

This bill introduces a 10-year statute of limitations on civilian court proceedings against members of the UK armed forces for murder, manslaughter, or culpable homicide, and attempts thereof, committed during UK armed conflicts or peacekeeping operations. The limitation only applies if an investigation was conducted by a relevant authority (service or UK police force, coroner, or procurator fiscal).

Description

The bill establishes a 10-year time limit for bringing civilian court cases against current and former members of the armed forces for specific offenses. These offenses include murder, manslaughter, culpable homicide, and attempts at these crimes. This limit applies only if the alleged crime occurred:

• More than 10 years before legal proceedings are initiated;
• While the accused was subject to service law or civilian service discipline during a UK armed conflict or peacekeeping operation;
• And, if the offense occurred in the UK, a relevant investigation (by service or UK police, coroner, or procurator fiscal) has taken place.

The 10-year period excludes time when the accused was absent without leave, fleeing justice, or when a trial was deemed inappropriate due to ongoing conflict by the relevant prosecutor.

The bill defines "armed forces," "civilian court," "coroner," "procurator fiscal," "service police force," and "UK police force" using existing legislation (Armed Forces Act 2006, Coroners Acts, and Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016).

The bill applies to England, Wales, Scotland, and Northern Ireland and comes into force two months after it is passed.

Government Spending

The bill is not expected to significantly impact government spending. The main cost implications would likely be associated with any potential legal challenges to the bill itself.

Groups Affected

The bill will affect several groups, potentially in the following ways:

• Armed Forces Personnel (past and present): Provides potential legal protection against future civilian prosecutions for certain offenses after a 10-year period.
• Victims and Families of Victims: May limit their ability to seek justice through civilian courts for alleged offenses committed over a decade prior, especially if an investigation had already been completed.
• The Judiciary and Legal Profession: Changes the legal landscape regarding prosecution of such offenses.
• Investigative Bodies (police, coroners, procurators fiscal): Their investigations will determine whether the statute of limitations applies.

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