Commentary on provisions of Act New section 304A Immunity from prosecution
This new section allows the Director of Service Prosecutions ("the Director") to give a person immunity from prosecution for any service offence in return for assistance given by that person to the investigation or prosecution of a service offence. The effect of subsection (2) is that immunity may not be given for assistance in relation to a minor service offence. Service offences under section 42 of AFA 2006 are not minor offences if the corresponding civilian offence in England and Wales can be tried in the Crown Court. "The corresponding offence under the law of England and Wales" is defined in section 42(8) of AFA 2006. Other service offences are not minor offences if they are punishable with imprisonment for more than 2 years.
	An offence for which immunity is given and any conditions to which it is subject must be specified in a written notice. The effect of subsection (4) is that the immunity is withdrawn in the event that the person to whom immunity is given fails to comply with those conditions.