How the US bypasses British courts to try its military over crimes in the UK
Even sexual assault or paedophilia cases are heard by US courts martial, using an obscure 1951 agreement
TL;DR
- US military personnel stationed in the UK can be tried through courts martial for alleged crimes committed in the UK.
- The US has over 12,000 personnel on at least 15 bases in the UK, mostly in England.
- Crimes committed by US personnel include sexual assaults, paedophilia, violent attacks, and driving offenses, often with British victims.
- Courts martial are held on military premises with judges, prosecutors, and defense lawyers employed by the military, and the jury are members of the armed forces.
- A 1951 Status of Forces agreement outlines jurisdiction, generally stating the US prosecutes if offenses are committed on duty, against US property, or against other US personnel or dependents.
- In other cases, the UK police technically have the first option to prosecute, but the US can request relinquishment of jurisdiction, which the UK often grants.
- The US military argues that prosecuting its own personnel is a more effective way of maintaining discipline and sending a deterrent message.
- The UK does not keep statistics on refusals to let the US prosecute, but instances exist where UK law enforcement insists on its own prosecutions, such as the case of Mikayla Hayes.