Challenge to the UK Review of the Service Justice System

The MOD's decision to reject the proposal in the recent Review of the Service Justice System (aka the Lyons Report)  that rape and serious sexual offences committed within the UK should no longer be prosecuted within the Service Justice System, except with the consent of the Attorney General, is to be subject to a judicial review. 

The Guardian picked up the story on Sunday 3rd May 2020 (see the post from our esteemed editor). The claim for judicial review has been brought by three members of HM Forces who allege that they were victims of serious sexual offences which have not been appropriately investigated or prosecuted. 

At this remove it is difficult to assess the prospects of success in this case although the claimants appear to concede that a successful judicial review would not affect their own cases. The women are supported by a new charity, the Centre for Military Justice, set up by a former employee of the campaign group Liberty. This will be the first serious foray into the field by the new organisation. 

The case will throw into sharp relief one of the inherent contradictions of the Lyons Report. The Lyons Report proposes removing the prosecution of serious sexual offences on the grounds that inter alia there is a lack of public confidence and the police lack the skills to investigate such allegations. However, this would only affect offences committed in the UK. If the same offence is committed overseas then the apparently flawed system will be deemed adequate and the prosecution will take place within the Service Justice System.  

One to watch and one that we will no doubt return to on this blog.