Part 1: Restrictions on prosecution for certain offences Presumption against prosecution Section 1: Prosecutorial decision regarding alleged conduct during overseas operations
This section sets out when the statutory presumption against prosecution (section 2), and the requirement to give particular weight to specified factors (section 3), will apply to decisions whether or not to prosecute in criminal cases. The effect of the section is such that the measures at sections 2 and 3 also apply to decisions as to whether or not private prosecutions should be allowed to continue.
	This section sets out:
which groups will be covered by sections 2 and 3 of the Act: the Armed Forces (reserves and regulars), and members of British Overseas Territory Forces (BOTF) when operating with UK Armed Forces;
that the measures only apply to events that took place more than five years ago, with the start point for calculating this time period being the date that the alleged conduct occurred. Where an alleged offence continued over more than one day, the start point for the 5-year time period will be the last day on which the alleged conduct occurred;
that the measures at sections 2 and 3 only apply to these groups when they are deployed on relevant overseas operations; and
what is meant by "relevant overseas operations".