Omit: Clauses 1, 2, 3, 4, 5, 6 and 7.
1)This amendment removes the “presumption” against prosecution (clauses 1–7) as it could lead to impunity, violate the right to a remedy for genuine victims, and undermine the UK’s international obligations to prosecute international crimes.
In clause 1(4), omit “5” and insert “10”.
In clause 1(5), omit “5” and insert “10”.
In clause 5(1)(b), omit “5” and insert “10”.
In clause 5(5), omit “5” and insert “10”.
This amendment provides that the presumption against prosecution only applies after 10 years (instead of 5 years).
Add a new clause 6(2A) as follows:
(2A) An offence is not a relevant offence if it amounts to—
(a) torture, within the meaning of section 134 Criminal Justice Act 1988; or
(b) genocide, a crime against humanity or a war crime as defined in section 50 of the International Criminal Court Act 2001.
This amendment provides that the presumption against prosecution does not apply to war crimes, crimes against humanity, genocide or torture.
Omit clause 3(2)(a), clause 3(3) and clause 3(4).
This amendment would delete the requirement to give “particular weight” in any prosecution decision after  years to a person having an impaired ability to exercise self-control or to exercise sound judgement whilst being deployed on operations overseas.
Omit clause 5.
This amendment removes the requirement that the Attorney General must consent to the prosecution if brought after  years, where the Service Prosecuting Authority (or the Crown Prosecution Service) has already determined that there is sufficient evidence to prosecute and that the prosecution is in the public interest.
Omit clause 11.
This amendment deletes clause 11 (which introduces a hard deadline for human rights claims and also includes some complex provisions around the impact of proceedings on the mental health of Armed Forces witnesses).
Published: 29 October 2020