Section 304A Immunity from prosecutionF1
United Kingdom
If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person immunity from prosecution for a service offence, the Director may give the person a written notice under this subsection (an “immunity notice”).
“Relevant service offence” means—
an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an indictable offence under that law; or
any other service offence which, if committed by a person aged 18 or over and tried by the Court Martial, is punishable with imprisonment for more than 2 years.
If a person is given an immunity notice, the person may not be tried for a service offence of a description specified in the notice except in circumstances specified in the notice.
An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.
Annotations
Textual amendments
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Pt. 12A heading and s. 304A inserted (16.10.2024) by Armed Forces Act 2016 (c. 21), ss. 7, 19(1); S.I. 2024/1032, reg. 2(1)
Notes on the whole Act
Textual amendments
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Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)
Notes on Part 12A
Modifications
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Pt. 12A applied (with modifications) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 106A (as inserted (16.10.2024) by S.I. 2024/619, regs. 1(2), 44(2))