Question to the Ministry of Defence:

To ask the Secretary of State for Defence, what the circumstances are in which a prosecutor is able to exercise their discretion not to prosecute an offence of torture.

Prosecutors will continue to have discretion on whether to prosecute for criminal offences, including torture, on the basis of their assessment of the sufficiency of evidence and whether a prosecution would be in the public interest. The statutory presumption in the Overseas Operations (Service Personnel and Veterans) Bill is compliant with the UN Convention Against Torture, as it is a rebuttable presumption which leaves a prosecutor with discretion to prosecute where they consider it appropriate to do so. It does not act as a pardon, amnesty or statute of limitations.