Official Statistics

Murder, manslaughter and sexual offences in the Service Justice System: 2022

Published 30 March 2023

This annual publication provides statistics on recent and non-recent criminal conduct offences, contrary to s.42 Armed Forces Act 2006, allegedly committed by Persons Subject to Service Law and Civilians Subject to Service Discipline, where the corresponding offence under the Law of England and Wales is an offence contrary to the Sexual Offences Act 2003 (SOA 03) or a non-recent sexual offence. From 31 March 2022, this publication included statistics on criminal conduct offences alleging murder and manslaughter. From 31 March 2023, this publication includes statistics on criminal conduct offences involving domestic abuse.

A non-recent sexual offence is an offence that is alleged to have occurred prior to the implementation of the 2003 Sexual Offences Act and is reported within this reporting year. These were previously referred to as “historic”.

Cases included in these statistics were either reported to the Service Police, referred to the Director of Service Prosecutions (DSP) or resulted in Court Martial proceedings concluded between 1 January 2022 to 31 December 2022. Comparisons have been made to figures from 2020 and 2021 with the exception of murder and manslaughter as this is the second year for which these offences are included in the publication. 2023 is the first year where domestic abuse has been counted.

The latest Armed Forces strength figures for each Service should be taken into consideration when making comparisons as there are more personnel in the Army compared to the Royal Navy, the Royal Marines or the Royal Air Force (RAF).

1. Key Points and Trends for Sexual Offences

During 2022 the Service Police initiated a total of 342 investigations into sexual offences contrary to the SOA 03 and non-recent offences; 333 were into offences contrary to the SOA 03 and nine were investigations into non-recent offences. This represents a total increase of 108 investigations contrary to the SOA 03 for 2022 compared to 2021 and a decrease of five non-recent investigation from 2021.

• Of those 342 investigations, 110 were still under investigation at the end of 2022 and 241 were concluded. Of the concluded investigations 157 (65%) were referred to the DSP by the service police and 84 (35%) did not lead to a referral. This represents an increase of 23 cases that resulted in a referral of charges, an increase of 34 cases that were not referred and an increase of 55 cases still under investigation compared to the 2021 figures.

• The 333 investigations into SOA 03 offences involved 352 suspects (325 male, nine female and 18 unidentified suspects or suspects with an unknown gender) and 384 victims (63 male, 319 female and two unknown).

During 2022, the Service Prosecuting Authority (SPA) received 232 case referrals, regarding sexual offences, from the Service Police.

Of the 232 case referrals received, 46 were still under consideration and 186 were concluded. Of those concluded, the SPA brought charges contrary to the SOA 03 and non-recent sexual offences in 96 (52%) cases, 65 (35%) cases were non-directed, 13 (7%) were referred to the CO and in 12 (6%) cases an alternative non-sexual offence charge was preferred. The SPA figures for 2022 contain cases which are still in the process of being investigated and therefore no decision has yet been made as to whether charges will be brought in these cases. The figures shown in Table 5 do not show all the decisions made by the SPA within 2022 as some of the decisions were made in respect of cases that were referred before 2022.

Between 01 January 2022 and 31 December 2022, 119 defendants appeared before the Court Martial for sexual offences and indecent images of children offences. Of those 119 defendants, 45 (38%) were convicted of those offences. 119 defendants faced 210 charges for sexual offences and indecent images of children offences. Of these 210 charges, 86 (41%) resulted in guilty verdicts and 124 (59%) resulted in not guilty verdicts.

Please note that where a defendant has been tried on charges within multiple offence categories, they will be recorded within they may be captured more than once in charges numbers, but only once in defendants.

2. Key Points and Trends for Murder and Manslaughter

From 31 March 2022 murder and manslaughter offences have been included in the annual reporting. During 2022 the Service Police initiated three investigations into murder or attempted murder. There were no manslaughter investigations. During investigation, one allegation of attempted murder was reduced to an allegation of grievous bodily harm with intent

• The investigations into murder involved three male suspects and four male victims.

The Service Prosecuting Authority (SPA) received no case referrals from the Service Police for murder and manslaughter..

No cases were heard at Court Martial in 2022.

Point of Contact: Service Police Policy

Further information: [email protected]

Background Quality Report: Background Quality Report

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Please refer to the Supplementary tables containing all data presented in this publication.

3. Introduction

These statistics provide information on offences contrary to s.42 of the Armed Forces Act 2006, allegedly committed by Persons Subject to Service Law or Civilians Subject to Service Discipline, where the corresponding offence under the law of England and Wales is an offence contrary to the Sexual Offences Act 2003 (SOA 03) or a non-recent sexual offence. From 31 March 2022, these statistics have also provided information on criminal conduct offences of murder and manslaughter. The Armed Forces Act 2006 (AFA 06) provides the legislation for the SJS and this is supported by the Manual of Service Law (MSL), which provides the necessary guidance to those that are required to deliver it.

Statistics are also provided for criminal conduct offences involving Domestic Abuse. The SPA figures for offences of ‘domestic abuse’ relate to the definition contained in the Domestic Abuse Act 2021. SPA domestic abuse cases have been identified, as per Crown Prosecution Service practice, with a domestic abuse flag. These figures may duplicate figures from another offence category. The same approach has been applied by MCS. The SJS is primarily delivered by Commanding Officers (COs), the Service Police (the Royal Navy Police (RNP), Royal Military Police (RMP) and Royal Air Force Police (RAFP), Defence Serious Crime Command (DSCC)), the Service Prosecuting Authority (SPA) and the Military Court Service (MCS).

The Service Police will refer a case to the SPA once the Evidential Sufficiency Test (EST) has been met (as detailed in Section 116 of the AFA 06). The main role of the SPA is to review cases referred to it by the Service Police and the Chain of Command and apply the Full Code Test, to provide advice to the Service Police on investigations, and to prosecute appropriate cases at the Court Martial and other Service courts.

Offences contrary to the SOA 03, non-recent sexual offences murder and manslaughter cannot be heard summarily by a CO. These must be referred by the Service Police to the SPA for a decision to prosecute or not, applying the Full Code Test contained in the Code for Crown Prosecutors (is there a realistic prospect of conviction and is it in the public (including the Service) interest to prosecute).

The procedure in the Court Martial mirrors the civilian Crown Court in England and Wales and cases are heard by a Judge Advocate appointed by the Judge Advocate General and a Board (jury equivalent) of three or six, comprising of officers , warrant officers and OR7s. From 1 January 2023 the law requires at least one man and one woman member to sit on every Court Martial Board.

Judge Advocates are independent civilian judges, administered by the Ministry of Justice and selected through the Judicial Appointments Commission in the same way as all civilian judges. All Judge Advocates sit both in the Court Martial and the Crown Court. The Judge Advocate General is a Circuit Judge.

The Court Martial can impose the majority of sentences available to the Crown Court up to and including imprisonment for life, as well as a range of specific Service punishments including Service detention at the Military Corrective Training Centre.

Further background about the Service Justice System and its workings can be found in the background quality report.

The AFA 06 can be found at: Armed Forces Act 2006

The MSL can be found at: Manual of Service Law

The Armed Forces (Court Martial) Rules 2009 can be found at: Armed Forces (Court Martial) Rules 2009

4. Service Police Investigations Into Sexual Offences

Between 1 January 2022 and 31 December 2022, the Service Police initiated a total of 342 investigations into sexual offences contrary to the SOA 03 and non-recent sexual offences. 333 were into offences contrary to the SOA 03 and nine were investigations into non-recent sexual offences. This indicates an increase compared against 2020 and 2021 (161 and 239 investigations respectively). Investigations that were reported as sexual offences but then reclassified to a non-sexual offence have not been included in these statistics. Attempted offences are included where reported as such and where they are the headline offence.

There were 27 Forensic Medical Examinations offered to a person reporting a rape or sexual assault by penetration. Of these, 17 were accepted and 10 declined. MOD policy requires all people who report they were the victim of a rape or sexual assault by penetration within the forensic medical examination best practice window (7 days) to be offered an FME. They may also be offered an FME outside this window.

76% of reported rape (Section 1) and sexual assault by penetration (section 2) allegations were reported outside the 14 days window for a forensic medical examination. Of the 17 FME conducted, all occurred within 96 hours of the reported offence. Of these, six occurred within the first 12 hours, six between 12 and 24 hours and five between 24 and 96 hours.

This forensic time window is detailed to Police Forces by the Faculty of Forensic and Legal Medicine. All Victims who are within the forensic window are offered the opportunity to attend a Sexual Assault Referral Centre (SARC). Where a victim falls just outside the forensic window there can be communication between investigators and the SARC to determine whether an examination is appropriate. Guidance stipulates a forensic window period of 7 days for all penetrative Sexual Offences.

4.1 Figure 1: SOA 03 And Non-recent Sexual Offences Investigations By Service Police In 2022

In 2022, 62 investigations were conducted by the Royal Navy Police, 188 by the Royal Military Police, 45 by the Royal Air Force Police and 12 investigations were carried out by Joint Service Police Units. 35 investigations were conducted by the Defence Serious Crime Command. The Defence Serious Crime Command only began taking on investigations on 5 December 2022.

4.2 Figure 2: Service Police SOA 03 Investigations By Type of Offence In 2022

The number of SOA 03 investigations in 2022 for Rape (62 investigations) and Sexual Assault with Penetration (18 investigations) has increased in comparison to 2021 (42 and 12 investigations respectively). Investigations in 2022 for Sexual Assault with No Penetration (228 investigations) have increased by 84 investigations compared to 2021. Investigations into Exposure (65 investigations) have decreased by five investigations since 2021. Investigations into voyeurism (13 investigations) have increased by three since 2021 and non-recent investigations (9 investigations) have decreased by five since 2021.

Of the total of 342 investigations(including nonrecent sexual offences), 110 were still under investigation at the end of 2022 and 241 were concluded. Of the 241 concluded, 157 (65%) were referred to the SPA by the Service Police and 84 (35%) did not lead to a referral.

Comparisons with 2021 show that the number of cases referred has increased by 23 cases, and the number not referred has increased by 34 cases. The number of ongoing investigations has increased by 55 since 2021. Some cases referred to the SPA may have involved more than one suspect and as such the sum of the referrals may not equal the number of investigations.

Of the total of 342 investigations conducted by the Service Police in 2022, 244 investigations occurred in the UK, which is an increase of 69 cases compared to 2021. 17 Investigations occurred in Germany, which is an increase of eight from 2021 and 15 occurred in Cyprus, which shows an increase of three since 2021. There were two investigations conducted in Canada which is an increase of one comparred to 2021. There was an increase of 25 investigations occurring in other countries (54 investigations) compared to 2021. 2022 investigations saw a general increase for the remaining locations listed in comparison to 2021 (see supplementary Excel tables that accompany this report).

4.3 Figure 3: Percentage Of 2022 SOA 03 Suspects by Service

352 suspects were identified in investigations conducted by the Service Police in 2022. This figure does not include non-recent offences. Of these suspects, 325 were male, nine were female and there were 18 instances where the sex was unknown. By Service, 65 suspects were from the Royal Navy/Royal Marines, 221 were from the Army, 46 were from the RAF, there were fewer than three civilians and there were eight instances where the Service was unknown.

4.4 Figure 4: Percentage Of 2022 SOA 03 Victims by Service

384 victims were identified in investigations conducted by the Service Police in 2022. This figure does not include non-recent offences. By Service, 64 were from the Royal Navy/Royal Marines, 232 were recorded as being from the Army, 50 were from the RAF, 34 were civilians, fewer than three were from other Forces and fewer than three were unrecorded or unknown. Further breakdowns by age and rank, together with comparisons to the 2020 and 2021 figures, can be found for both Suspects and Victims in the supplementary Excel tables that accompany this report.

The 14 non-recent Sexual Offences that were investigated in 2022 consisted of nine suspects, six of whom were male, fewer than three were female and fewer than three were unrecorded or unknown. For suspects by Service, none were recorded as being from the Royal Navy/ Royal Marines, three were recorded as from the Army, fewer than three were from the RAF, fewer than three were civilian and and fewer than three were unrecorded or unknown. There were nine identified victims, of which three were male, five were female and one had an unknown gender. For victims by Service none were recorded as being from the Royal Navy/ Royal Marines, three were recorded as from the Army and 10 were civilians. A more detailed breakdown of these offences, with comparisons to 2020 and 2021 can be found in the supplementary Excel tables that accompany this report.

5. Service Prosecuting Authority - Sexual Offences

Between 1 January 2022 and 31 December 2022, the Service Prosecuting Authority (SPA) received 232 case referrals from the Service Police, an increase of 108 cases. Of the 232 case referrals received, 46 were still under consideration at the end of 2022 and 186 were concluded. Of the 186 concluded cases, the SPA brought charges contrary to the SOA 03 and non-recent sexual offences in 96 (52%) cases ,65 (35%) were non-directed,13 (7%) were referred to the CO and in 12 (7%) of cases an alternative non-sexual offence was charged.

Further breakdowns of these figures against those for 2020 and 2021 can be found in the supplementary Excel tables that accompany this report. These figures do not include figures for Child Sex Offences (12 Child Sex Offence cases were referred in 2022 (s3, 9 - 15 of SOA 03 and s14 of SOA 1956) were referred to the SPA by the Service Police in 2021. Four cases have been charged and three are awaiting decision).

The SPA statistics represent the number of cases referred. A case referred to the SPA may relate to multiple suspected offences. The statistics associate cases with the most serious (headline) offence. This means that in cases where, for example, it is reported that a case was charged, the headline offence may not have been charged. A case referred to the SPA may relate to multiple accused.

5.1 Figure 5: Referrals to Service Prosecuting Authority for Sexual Offences - Charging Decisions 1 January to 31 Dec 2022

Of the 232 cases referred to the SPA in 2022, the Royal Navy/Royal Marines police referred 39 cases, with sexual offence charges brought in 16 cases, 10 not charged, three referred to the CO, and one charged with alternative non-sexual offences. 153 Cases were referred by the RMP with sexual offence charges brought in 58 cases, 14 not charged, eight referred to the CO, and nine charged with alternative non-sexual offences. The RAF Police referred 40 cases, with sexual offence charges brought in 22 cases, eight not charged, two referred to the CO, and two charged with alternative non-sexual offences.

6. Court Martial Results for Sexual Offences

Between 1 January 2022 and 31 December 2022, 119 defendants were tried before the Court Martial for sexual offences and/or indecent images of children offences, of whom 45 (38%) were convicted of a sexual offence. The 119 defendants faced a total of 210 sexual offence charges (including charges relating to non-recent sexual offences). Of these charges, 86 (41%) resulted in guilty verdicts in respect of the charge.

This is an increase of 31 defendants and 65 charges from 2021. N.B. Charges of Indecent Images of Children were not captured within the 2021 published table. Further breakdowns and comparisons are presented in the Excel supplementary tables that accompany this report.

Please note that where a defendant has been charged within multiple offence categories they will be captured more than once.

6.1 Figure 6: Court Martial SOA 03 and non-recent sexual offences Verdicts 1 January to 31 December 2022

Of the 210 charges heard by the Court Martial in 2022, the Royal Navy/Royal Marines accounted for 28 charges , of these charges 10 resulted in guilty verdicts and 18 resulted in not guilty verdicts. The Army accounted for 135 charges, of these charges 48 resulted in guilty verdicts and 87 resulted in not guilty verdicts. The RAF accounted for 46 charges, of these charges 28 resulted in guilty verdicts and 18 resulted in not guilty verdicts.

7. Indecent Images of Children

There were 36 Investigations in to 36 suspects regarding indecent images of children. Of those, 55% were cases of suspected distribution of indecent photograph/pseudo image. Of these investigations, five have been referred and 28 remain under investigation. There could be more than one victim per case, no identifiable victim or may relate to a pseudo image.

In addition to 36 cases, two cases were transferred Home Office Police Force for investigation, or formed part of their enquiries. One was re-categorised following investigation.

Of the investigations, five related to suspects in the Royal Navy/ Royal Marines, 23 in the Army and six in the RAF. Two were either civilian or unknown service/civilian.

A pseudo-photograph is an image made by computer-graphics or otherwise which appears to be a photograph. This can include photographs, videos, tracings and derivatives of a photograph or data that can be converted into a photograph. These investigations may therefore have no identifiable victim(s) or victim(s).

8. Service Prosecuting Authority – Indecent Images of Children

Between 1 January 2022 and 31 December 2022, the Service Prosecuting Authority (SPA) received 12 case referrals from the Service Police, a decrease of two cases. Of the 12 case referrals received, three were still under consideration at the end of 2022 and nine were concluded. Of the nine concluded cases, the SPA brought charges in eight (89%) cases and one (11%) was non-directed.

9. Court Martial Results for Indecent Images of Children

Of the 28 charges heard by the Court Martial in 2022, the Army accounted for 15 charges, 12 of which resulted in guilty verdicts and three in not guilty verdicts. The RAF accounted for 13 charges, all of which resulted in guilty verdicts.

10. Domestic Abuse

There were 33 investigations of 34 suspects regarding domestic violence. Of those investigations, 35% related to suspected battery. The remainder of cases include a range of suspected offences including cases where there was no application of physical violence (for example, coercive behaviour or false imprisonment). Of these cases, 15 were referred, 10 were not referred and eight are still under investigation.

There were 38 reported victims, the majority of whom were female. Three were in the Royal Navy/Royal Marines, 13 in the Army, 12 in the RAF and 10 were civilians. There may be more than one victim per case.

11. Service Prosecuting Authority – Domestic Abuse

Between 1 January 2022 and 31 December 2022, the Service Prosecuting Authority (SPA) received 37 case referrals from the Service Police that were flagged as Domestic Abuse Of the 37 case referrals flagged, eight were still under consideration at the end of 2022 and 29 were concluded. Of the 29 concluded cases, the SPA preferred charges in 14 (48%) cases and 15 (53%) were non-directed.

12. Court Martial Results for Domestic Abuse

Between 01 January 2022 and 31 December 2022, nine defendants were tried before the Court Martial for cases identified as domestic abuse. Of those defendants, four (44%) were convicted, four (44%) were acquitted and one (11%) case was ordered to lie on the file. N.B. The figures provided for cases identified as domestic abuse relate only to those defendants whose cases were directed for Court Martial in 2022 by the Service Prosecuting Authority. Cases directed prior to 2022 which may have concluded in 2022 have not been included.

12.1 Murder and Manslaughter Investigations by Service Police in 2022

Between 1 January 2022 and 31 December 2022, the Service Police initiated three investigations into murder and manslaughter allegations. Attempted offences are included where reported as such and where they are the headline offence.

During 2022 the Service Police initiated three investigations into murder and none into manslaughter.

There were three suspects, all of whom were males in the Army. One case has been referred, one was later reduced to grievous bodily harm with intent and one remains under investigation.

There were four victims, all of whom were males in the Army.

13. Further Information

13.1 Disclosure control

Figures which could lead to the inadvertent identification of a victim or suspect of an offence contrary to the Sexual Offences Act 2003 have been suppressed and summarised as “fewer than 3” cases.

13.2 Revisions

Corrections to the published statistics will be made if errors are found, or if figures change because of improvements to methodology or changes to definitions. When making corrections, we will follow the Ministry of Defence Statistics, revisions and corrections policy. All corrected figures will be identified by the symbol “r”, and an explanation will be given of the reason for and size of the revision. Corrections which would have a significant impact on the utility of the statistics will be corrected as soon as possible, by reissuing the publication. Minor errors will also be corrected, but for convenience these corrections may be timed to coincide with the next release of the publication.

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