Question to the Ministry of Defence:

To ask the Secretary of State for Defence, with reference to Heading 8 entitled Service Prosecuting Authority – Indecent Images of Children in the Official Statistics entitled Murder, manslaughter, sexual offences and domestic abuse in the Service Justice System: 2025, published on 26 March 2026, under what circumstances would a case involving indecent images of children be referred to the Commanding Officer.

The offences related to Indecent Images of Children (s1 of the Protection of Children Act 1978) are listed as Schedule 2 offences within the Armed Forces Act 2006 and therefore cannot be referred to a Commanding Officer (CO) to be dealt with via summary hearing. Investigations into serious offences, including Indecent Images of Children (IIOC) are investigated by the Defence Serious Crime Command independently of the Chain of Command.

In the 2025 Murder, Manslaughter, Sexual Offences and Domestic Abuse in the Service Justice System, within the Service Prosecuting Authority (SPA) tab, one IIOC case is recorded as referred to CO.

Cases are shown on the SPA statistics against the most serious charge, but cases may also contain less serious charges. A case that is shown under the “Indecent Images of Children” heading may be referred to the CO by the SPA, where the decision was taken that the “Indecent Images of Children” charge did not pass the Full Code Test (and therefore could not be charged), but other charges in the case are appropriate for the CO to deal with.