Key Facts

• Nick Parker commented that part 1 of the Bill focuses entirely on prosecution, not investigation.
• Major Campbell testified about spending 17 years under investigation and reinvestigation.
• The Judge Advocate General expressed concerns over investigations being overlooked.
• Amendment 2 aims to insert provisions in clause 3 for thoroughness and promptness of investigations.
• New clause 6 proposes judicial oversight with a judge advocate assessing preliminary conclusions within six months.
• Jones supports the service justice system as unique and independent from the MOD.
• New clause 6 allows judges to review evidence after six months.
• Judicial oversight would give direction for investigation timelines.
• Marine A case involves a soldier who shot a wounded Taliban fighter in Afghanistan.
• New clause 6 aims to prevent political decisions from leading to International Criminal Court involvement.
• Proposed new subsection (a) addresses cases like the six Royal Military Police killed at Majar al-Kabir.
• The Overseas Operations (Service Personnel and Veterans) Bill faces criticism for its handling of new evidence and limitations on prosecution.
• Jones refers to the Criminal Cases Review Commission's ability to review prosecutions and refer them to the Court of Appeal if flaws are found.
• Last week, it was announced that 44 convictions will be overturned due to judicial oversight in the Horizon scandal at the Post Office.
• The Bill focuses on prosecution rather than investigation.
• A presumption against prosecution from the outset is considered nonsensical.
• Reference is made to Judge Advocate General’s letter, noting lack of consultation.
• Concerns are raised about compatibility with International Criminal Court treaty obligations.
• The Bill's current proposal is a five-year limitation period for prosecutions.
• Defence Committee initially supported a 10-year presumption against prosecution.
• Chris Evans raised concerns about investigations taking longer than five years to conclude properly.
• Judge Advocate General Jeff Blackett warned that the provision could encourage accused persons to frustrate investigations past the five-year point.
• In 2013, the UK High Court held that there might have been systemic abuses due to lack of appropriate training.
• The Ministry of Defence working group in 2018 concluded there was sufficient evidence of assaults in detention and may have been systemic.
• The Bill aims to provide a framework for prompt and adequate investigations.
• Investigations must clear wrongly suspected individuals without risk of reinvestigation, while ensuring accountability for guilty parties.
• The definition of overseas operations includes peacekeeping, terrorism, civil unrest, and serious public disorder.
• Clause 1(3) applies to all investigations on overseas operations by service personnel.
• There were approximately 3,000 service police investigations in Iraq and 1,000 in Afghanistan.
• Section 115A of the Armed Forces Act 2006 enshrines independence for the service police.
• New clause 7 seeks to limit reinvestigations of historical offences.
• The Bill affects 3,500 cases in Iraq and 1,000 in Afghanistan.
• Clause 1 sets conditions for when measures must be applied by prosecutors.
• The legislation applies to members of armed forces, regulars, reserves, and British overseas territory forces operating as part of UK forces.
• The alleged conduct must occur while personnel are deployed on an operation outside the British Islands facing attack or violent resistance.
• A five-year timeline for prosecution starts from the date of the offence.
• Kevan Jones discusses Clause 2 of the Overseas Operations (Service Personnel and Veterans) Bill.
• He supports new clause 1 for fair trials in cases with a lapse in time since alleged conduct.
• Jones criticizes the Minister for reading pre-prepared civil service briefs instead of engaging in discussion.
• The presumption against prosecution in clause 2 does not protect armed forces personnel adequately.
• New clause 1 aims to end vexatious claims and ensure quicker decisions on prosecutions.
• The International Committee of the Red Cross submitted evidence raising concerns about clause 2.
• Article 53 of the ICC statute outlines a procedure for cases where prosecution may not serve justice.
• Judge Blackett, former Judge Advocate General, stated there should not be a presumption against prosecution.
• The Minister has published a response to their consultation which was widely available.
• They have engaged with multiple parties during the development of part 1 of the Bill.
• Johnny Mercer met with Judge Blackett after the legislation was prepared.
• Clause 2 sets out a presumption against prosecution for offences committed more than five years ago.
• The threshold for rebutting the presumption is high but not absolute, allowing prosecutions in exceptional cases.
• Consultations have been held with experts and stakeholders throughout the process to ensure compliance with international legal obligations.
• Amendment 1 would modify clause 3 to leave out certain terms.
• Amendments 3, 4, and 5 propose adding new considerations for prosecutors in clause 3.
• Amendment 13 excludes prosecution of serious international crimes from limitations imposed by the Bill.
• Amendments 58 through 67 add specific reference to existing domestic offences related to grave breaches of the Geneva Conventions, torture, genocide, and other war crimes.
• Amendment 12 proposes a five-year period for the Act's effectiveness with conditions tied to independent reviews ensuring compliance with international treaty obligations.
• Amendments relate to clause 3.
• Amendment 3 aims to maintain public trust in the service justice system.
• Amendment 4 concerns obligations under articles 2, 3, 4 and 5 of the European convention on human rights.
• Amendment 5 addresses command responsibility for alleged conduct.
• Kevan Jones introduced the Service Complaints Commissioner for the Armed Forces.
• There was initial fear among military personnel about the introduction of an armed forces ombudsman.
• The amendment aims to probe issues related to trust and accountability within the military judicial system.
• The Bill excludes sexual offences but not other serious crimes like torture.
• Amendments aim to include all war crimes listed under Article 7 of the Rome statute in Schedule 1 exclusions.
• The amendments seek to protect UK troops from international courts while aligning with international humanitarian law.
• Kevan Jones questions Johnny Mercer about the need for clause 3 in the Overseas Operations Bill.
• Jones argues that the service justice system already considers special circumstances and applies a public interest test.
• Jones disputes claims made by Mercer regarding industrial levels of claims against personnel.
• Amendment 3 seeks to ensure public trust in criminal justice system and accountability of Armed Forces.
• Amendment 4 aims to give particular weight to UK’s obligations under articles 2, 3, 4, and 5 of the European convention on human rights.
• Amendment 5 is designed to address concerns about holding commanders accountable for their subordinates' actions.
• Reverend Nicholas Mercer is a former Military Lawyer and Command Legal Adviser for the Iraq War 2003.
• Assistant Professor Samuel Beswick works at the Peter A. Allard School of Law, The University of British Columbia in Vancouver, Canada.
• The Equality and Human Rights Commission (EHRC) is mentioned as an organisation relevant to the debate.