Key facts
- UK government and police are reviewing why UK police forces cede jurisdiction to US military investigators for crimes committed on UK soil.
- This process can lead to US military personnel facing trial in US military courts rather than the British justice system.
- The reviews were prompted by cases where British police allowed US military to take over investigations into serious sexual offenses.
- Victims of sexual attacks by US military personnel may not receive the same protections as in British courts.
- Legislation allows US forces to prosecute their own personnel for offenses committed on duty, but British police have primary jurisdiction in other cases.
The UK government and police chiefs are undertaking a review into why British police forces are ceding jurisdiction to US military investigators for serious crimes committed by US military personnel on UK soil. This practice allows alleged perpetrators to be tried in US military courts, which may offer fewer protections to victims compared to the British justice system.
The reviews were initiated following revelations of several cases, particularly involving serious sexual offenses, where UK police handed over investigations to the American military. One prominent case involved Capt Jacob Wulfson, a US fighter pilot accused of raping and strangling Sarah Steele. Cambridgeshire police allowed the US military to take jurisdiction, and Wulfson was subsequently prosecuted in a court martial for strangling his partner, though acquitted of sexual assault. He received a six-month sentence served at RAF Lakenheath.
Ministers have engaged with victims like Sarah Steele and have committed to learning lessons from these cases to ensure victims receive appropriate support and seriousness. Officials are collaborating with the National Police Chiefs’ Council to examine existing guidance on referring cases to the Crown Prosecution Service. The government also intends to seek a full account from the US regarding the Wulfson case.
Further investigations have uncovered other instances where US air force personnel allegedly committed crimes off-duty but avoided UK courts. Cases involving Hannes Marschalek, Tyrion Davis, and James Loubeau illustrate how individuals were prosecuted for lesser offenses or acquitted in military courts, despite serious allegations. In some instances, cases were transferred to military prosecutors shortly after reports were made to British police.
In response, the NPCC chair has alerted all chief constables to their legal obligations concerning visiting US forces. There are concerns within the government that UK police might be handing over investigations without consulting the Crown Prosecution Service. While legislation from the 1950s permits US forces to prosecute their own personnel for offenses committed on duty or against military personnel, British police typically hold primary jurisdiction in other circumstances. However, reports suggest the US has been pushing to take control of cases where they do not have primary jurisdiction, with British police appearing to acquiesce.
Suffolk and Cambridgeshire police forces are conducting their own internal reviews of their case-handling practices. More than 12,000 US military personnel are stationed across at least 15 bases in the UK, with significant concentrations in Suffolk. Concerns have been voiced by MPs across the political spectrum, emphasizing that crimes committed in England should be prosecuted under English law.