Edward Lander and Iain Overton,
UK military justice: a system in crisis? AOAV, 29 April 2025.
The UK military justice system, designed to uphold discipline and address service-specific offences, faces significant challenges, undermining its ability to ensure accountability and fairness for both personnel and civilians. Decades of failed investigations, reduced charges, and lenient sentencing have fostered a system rife with inefficiencies and inequities.
Key findings from Action on Armed Violence (AOAV) reveal an 18% lower conviction rate in military courts compared to civilian courts, with rape conviction rates three times lower. Downgrading of charges—often substituting criminal offences with disciplinary actions—further erodes trust, as does a culture of secrecy and reluctance to report crimes within the ranks. Insufficient evidence frequently hampers court martial proceedings, reflecting both investigative inadequacies and a lack of resources in the military police, whose staffing has fallen 17% in the past decade.
The system also struggles with political interference, delays, and a failure to hold senior personnel accountable. High-profile cases of misconduct, such as those involving UK Special Forces in Afghanistan and systemic abuses in Kenya, expose a troubling pattern of obfuscation and inaction at the highest levels. Victims often face years of waiting with limited support, while those accused endure prolonged investigations with devastating personal consequences.
Recommendations include transferring serious offences like rape to civilian courts, enhancing military police training, ensuring independence in investigations, and holding senior officers accountable. Reform is essential to restore trust, deliver justice, and align the military’s judicial processes with the values it aims to protect worldwide.
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