Question to the Ministry of Defence:

To ask the Secretary of State for Defence, what assessment he has made of the operational independence of the Defence Serious Crime Command from the military chain of command, and what steps he is taking to ensure that investigations into sexual assault are free from command influence.

The Defence Serious Crime Command became operational on 5 December 2022 and since its inception has been independent of the single Service Chains of Command to protect its operational investigative independence. Under Clause 12 of the Armed Forces Bill 2026 we are introducing a Service Policing Protocol which will formally set out expectations, obligations and roles of all parties in respect of the investigation of criminal offences within Defence in a way that has not previously been articulated. It will improve clarity for everyone in Defence who interact with all Service Police and helps build confidence and transparency as the Service Justice System continues to modernise.

This will also give Service Policing a level of equivalence with civilian practice and will accompany the expansion of a policing governance structure within Defence. A protocol loosely modelled on the civilian equivalent (as issued under s79 of the Police Reform and Social responsibility Act 2011) is appropriate and an effective method of achieving the aim.

Currently under s113 of the Armed Forces Act 2006 (AFA 06), Commanding Officers have a duty to report any suspected Schedule 2 offences (this includes sexual assault) to the Service Police. Clause 17 of the Armed Forces Bill 2026 expands the current duty on Commanding Officers under s113 of AFA 06, to also include persons not within their own Chain of Command.