Part 1: Restrictions on prosecution for certain offences Presumption against prosecution Section 3: Matters to be given particular weight
This section sets out specific matters to which a prosecutor must give particular weight when deciding whether or not to bring proceedings in a particular case. These matters are:
Subsection (2)(a) - the demands of overseas military operations, and the adverse effects that deployment on such operations can have on Service personnel, including on their capacity to make sound decisions and their mental health (this is further expanded in 3(3) and 3(4)).
Subsection (2)(b) – applies to the situation where there has been a previous investigation or investigations in relation to alleged criminal conduct and no compelling new evidence has arisen since any such investigation(s). This section ensures that, in these circumstances, the public interest in finality being achieved without undue delay is a matter to which the prosecutor gives particular weight when making a decision.
	The requirement to give weight to these matters is limited to where they tend to reduce the culpability of the accused individual or otherwise tend against prosecution.