A judge-led review into how allegations of serious criminal
wrongdoing are raised and investigated in the Armed Forces has
been published today. The Henriques Review recognises the need
for the MOD to establish a Defence Serious Crime Unit and that
the Service Justice System is necessary and fit for purpose.
The review, led by Sir Richard Henriques, was commissioned by
Defence Secretary in October 2020 to ensure the guidance and policy
framework for investigating allegations during overseas
operations is fit for the future.
The review agreed with the conclusions of the Service Justice
System Review, conducted by HH Shaun Lyons and Sir Jon Murphy, of
the need for a separate system of military justice and that the
Service Justice System is fit for purpose. The Service Justice
System Review looked at the system as a whole to consider if it
continues to be necessary, fair and efficient.
The recommendations made by Sir Richard Henriques add to reforms
made under the Overseas Operations Act.
Defence Secretary said:
It is absolutely vital the UK has the most effective framework,
skills and processes in place when it comes to investigating
allegations of serious criminal wrongdoing by UK Armed Forces,
which is why I commissioned this review last year.
The recommendations of the review provide both greater certainty
for victims and service personnel with reassurance and clarity on
future operations.
I thank Sir Richard for his report and we will look to make
progress on his recommendations where possible.
Sir Richard has also expressed his support of the provisions in
the current Armed Forces Bill on the Service Justice System,
including the decision to retain concurrent jurisdiction so it
remains possible for offences committed by a person subject to
service law, while in the UK, to be tried either in the service
or civilian justice system.
There are 64 recommendations in the report, approximately a third
of which are focused on taking forward the establishment of a
Defence Serious Crime Unit (DSCU) under a newly appointed Provost
Marshal, strengthening the operational effectiveness of the
service police to deal with serious offences reported in Defence.
This is a key measure in meeting our commitment to further
strengthen the Service Justice System.
The DSCU will be tri-service, strengthening our position to
respond to serious crime. The DSCU will combine the resource and
specialist skills from across the single services under one
single unit, building an independent, stronger, more effective
and collaborative approach to policing across Defence, enhancing
capability whilst further supporting victims.
The Government will be bringing forward amendments to the Armed
Forces Bill to implement the recommendations on the Defence
Serious Crime Unit, which require primary legislation.
Other recommendations are operations-led, such as enhanced
training, improvements to detention processes and record-keeping,
and for non-statutory protocols between the Service Police, the
Service Prosecuting Authority and the Judge Advocate General
relating to the investigation of allegations against UK forces.
Work is underway to consider the rest of Sir Richard’s
recommendations in more detail.
