More than 12,000 US personnel are stationed on at least 15 US military bases and facilities in the UK, with all but one in England. These personnel can sometimes bypass the British legal system, even for alleged off-duty offences. This practice, governed by an obscure 1951 Status of Forces agreement, is under growing scrutiny.
What crimes do US military personnel commit in the UK?
The Guardian has identified convictions including sexual assaults, paedophilia, indecent exposure, violent attacks, drink-driving, speeding, and driving uninsured cars. Many crimes involved British victims and occurred off base. Perpetrators are often prosecuted in US courts martial held behind heavily guarded perimeter fences, inaccessible to the public.
How does the court martial system work?
Courts martial have existed since Roman times, allowing commanders to try accused personnel. Trials occur on military premises with legally trained judges, prosecutors, and defense lawyers employed by the military. Juries consist of armed forces members. The Uniform Code of Military Justice governs conduct, covering offences like disobeying orders, desertion, war crimes, sexual violence, and even infidelity or gambling with lower ranks. A US air force spokesperson said proceedings "are fair, transparent and thorough."
How are crimes on UK soil prosecuted through court martial?
The 1951 Status of Forces agreement stipulates that the US prosecutes its own if offences occurred while on duty, against another US member, or against dependants. In other cases, British police technically have first option. However, in practice, the US often claims wider jurisdiction, and British authorities often relinquish cases. The agreement allows the US to request relinquishment, which the UK must consider "sympathetically" but can refuse. A US air force expert said the UK often turns cases over, but would defer if the UK insisted on prosecution.
Does the UK ever refuse to let the US prosecute?
British police and prosecutors do not keep statistics on refusals. One notable case is Mikayla Hayes, a US mechanic at Lakenheath airbase, who in August 2022 hit and killed motorcyclist Matthew Day while driving off base. The US military sought to take over the investigation, but the Crown Prosecution Service successfully challenged the certificate asserting court martial jurisdiction. Hayes was prosecuted at Norwich crown court and acquitted of causing death by careless driving.
The Pentagon generally prefers to prosecute its own personnel to maintain discipline. The US air force expert stated, "It's very important to our commanders to be able to have consistent, standardised punishments and systems for our troops. They want to send a deterrent message. It is a huge deal."
