Justice Reforms Announced For Those Serving In The Armed Forces

Why the armed forces justice reforms have been called for and what are the wider implications.

At the start of this week, the government has introduced a new Armed Forces Bill which promises enhanced protections for victims of serious and sexual offences within the military justice system.

While the reforms are aimed at improving confidence and outcomes for victims, they also mark a significant shift in how allegations against serving personnel will be investigated and prosecuted.

The Bill, currently before Parliament, applies to both military personnel and civilians who experience offences such as sexual assault, domestic abuse, stalking or harassment involving serving members of the Armed Forces.

What Is Changing Under the Armed Forces Bill?

According to the Ministry of Justice, the legislation introduces a suite of measures designed to make the Service Justice System more victim-centred, while also streamlining investigations.

Key changes include new protective orders intended to allow swifter action against alleged perpetrators, particularly in cases involving sexualised behaviour, domestic abuse or stalking.

These orders are designed to reduce the risk of further harm while investigations are ongoing.

Victims will also receive clearer guidance and enhanced support when deciding whether their case should be dealt with by the civilian courts or within the military justice system, ensuring they can give an informed view to prosecutors.

Expanded Powers for Service Police

One of the most significant developments from a defence perspective is the expansion of investigative powers for Service police. Under the Bill, Service police officers will be able to authorise pre-charge custody themselves.

At present, only commanding officers can authorise detention following arrest.

The government argues that this can cause delays, risk the loss of evidence and potentially place victims, witnesses or suspects at further risk.

While this change may speed up investigations, it also raises important safeguards issues.

Earlier and more frequent use of pre-charge detention increases the need for early legal advice and careful scrutiny of arrest decisions, detention conditions and interview procedures.

Choice of Court and Case Outcomes

The government points to data suggesting that serious sexual offence cases are dealt with more quickly within the Service Justice System than in the civilian courts.

Figures from 2024 show adult rape-flagged investigations taking an average of 148 days in the military system, compared with 338 days in the civilian justice system.

Conviction rates in the Court Martial have also been cited, with figures showing a 51% conviction rate between 2022 and 2024 (excluding guilty pleas), compared with 36% in the Crown Court.

While these statistics are presented as evidence of effectiveness, they will inevitably be closely examined by defence lawyers.

Faster investigations and higher conviction rates underline the importance of robust procedural fairness, disclosure obligations and the right to a fair trial.

Support for Victims – and Cultural Change

The reforms build on wider efforts to address unacceptable behaviour within the Armed Forces, including the creation of specialist prevention teams operating from sites in North Yorkshire and Plymouth.

These teams aim to tackle cultural and behavioural root causes of sexual misconduct and harassment.

The Bill also sits alongside existing structures such as the Victim Witness Care Unit, which provides trauma-informed, end-to-end support for victims and witnesses of serious offences.

Speaking about the reforms, Veterans Minister Louise Sandher-Jones MP emphasised that unacceptable and criminal behaviour has no place in the Armed Forces, while recognising the difficulties victims may face when reporting offences.

Implications for Accused Service Personnel

For serving personnel accused of serious or sexual offences, these reforms represent a more assertive and streamlined justice process.

Increased police powers, protective orders and a strong emphasis on victim confidence mean allegations may progress more quickly and with fewer internal delays.

From a defence standpoint, this reinforces the importance of early specialist legal advice.

Decisions around forum choice, custody, evidence preservation and interview strategy can have long-lasting consequences for a service member’s liberty, career and reputation.

Looking Ahead

The Armed Forces Bill reflects a broader government commitment to tackling serious sexual and violent offending, including its pledge to halve violence against women and girls within a decade.

As the legislation progresses through Parliament, its practical impact will become clearer.

What is certain is that the Service Justice System is evolving, and both victims and those accused of offences will be navigating a framework with greater powers, higher expectations and increased scrutiny.

For anyone facing investigation within the military justice system, understanding these changes – and securing experienced legal representation at the earliest stage – will be crucial.

How We Can Help.

If you have any questions or concerns regarding this article or any other aspects of the impllications of these Armed Service justice reforms – call us now on 0161 477 1121 or email us.