Sir Richard Henriques’ Review Report on strengthening the Service Justice System
The Report of Sir Richard Henriques’ review into how allegations of serious criminal wrongdoing on overseas military operations are raised and investigated.
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On 13 October 2020, the Defence Secretary announced the commissioning of a review by Sir Richard Henriques. The purpose of the review was to ensure that in relation to complex and serious allegations of wrongdoing against UK forces on overseas operations, the UK has the most up to date and future-proof framework, skills and processes in place, and that improvements can be made where necessary. The review was to build upon but not reopen the recommendations of the Service Justice System Review by HH Shaun Lyons and Sir Jon Murphy. The review was to be forward looking and, whilst drawing on insights from the handling of allegations from recent operations, was not to reconsider past investigative or prosecutorial decisions or reopen historical cases.
Sir Richard’s report contains 64 recommendations, approximately a third of which are focused on taking forward the establishment of a Defence Serious Crime Unit, which was originally proposed in the earlier Lyons/Murphy Review of the Service Justice System. There are also operations-related recommendations (i.e. improved training, improvements to detention processes and record-keeping), recommendations for non-statutory protocols between the Service police, the Service Prosecuting Authority and the Judge Advocate General relating to the investigation of allegations against UK forces of unlawful killing and ill-treatment in the context of overseas operations, recommendations for improving the technical/IT systems supporting the service courts, and recommendations relating to summary hearings.
Sir Richard’s report has been considered carefully, and where possible we are seeking to implement key recommendations as quickly as possible. We are also committing to consider in more detail and make progress on the rest of his recommendations. The goal will be to ensure that the recommendations dovetail with our overarching intent to maintain operational effectiveness, including the swift delivery of fair and efficient justice for victims and offenders.
Further details on the work to take forward Sir Richard’s recommendations is set out in the Defence Secretary’s Written Statement of 21 October 2021.