Question to the Ministry of Defence:

To ask the Secretary of State for Defence, with reference to parts 1 and 2 of the Service Justice System Review, published on 29 March 2018 and 29 March 2019, if he will amend the Armed Forces Bill to exclude rape and sexual assault with penetration from Court Martial jurisdiction except when the consent of the Attorney General is given.

There are no plans to amend the Armed Forces Bill in the way proposed. There have been significant improvements to investigations, prosecutions and victim support in the Service Justice System since the Lyons Review and the House of Commons’ Defence Committee’s previous recommendation. The Defence Serious Crime Command is implementing national standards set by the College of Policing through the Professionalising Investigations Programme and the National Operating Model under Operation Soteria, in line with National Police Chiefs’ Council and College of Policing guidance. This ensures that investigations into rape and serious sexual offences are victim-centred, suspect-focused, and consistent with nationally recognised policing standards. The Victim Witness Care Unit provides independent, trauma-informed and end-to-end support. Reports by HM Crown Prosecution Service Inspectorate independently verify the progress made.

Sir Brian Leveson’s July 2025 Independent Review of the Criminal Courts stated that “criminal justice is in crisis” with cases being listed as far ahead as 2029, while the Court Martial has no backlogs and cases progress without delay. In the civilian system 19% of victims withdraw from adult-rape-flagged proceedings in the Crown Court; in the Court Martial none withdrew in 2024.

Whilst conviction rates cannot be reliably compared, published data does not support claims that the conviction rate is higher in the Crown Court. The conviction rate for adult-rape-flagged cases in the Court Martial, excluding guilty pleas, is 51% from 2022 to 2024 compared to 36% in the Crown Court.