Key facts
- US military personnel in the UK can be prosecuted in American military courts (courts martial) for crimes committed on British soil.
- This system is governed by a 1951 Status of Forces agreement between the US and UK.
- While British police technically have the first option to prosecute off-duty crimes, jurisdiction is often voluntarily relinquished to the US.
- The US argues prosecuting its own personnel is crucial for maintaining military discipline and deterrence.
- In some instances, British authorities have successfully asserted jurisdiction, such as in the case of Mikayla Hayes.
A little-known system allowing US military personnel stationed in the UK to be tried in American military courts for alleged crimes committed on British soil is facing growing scrutiny. More than 12,000 US personnel are based in the UK, and under a 1951 Status of Forces agreement, they can sometimes bypass the British legal system, even for offenses committed while off-duty.
These trials, known as courts martial, are held on military premises and are governed by the US Uniform Code of Military Justice. While the code covers a wide range of offenses, including sexual assault and violence, the proceedings are not open to the public in the same way as British criminal hearings.
The agreement generally stipulates that the US prosecutes its own troops for on-duty offenses or crimes against other US service members or their dependents. However, in all other cases, British police technically have the primary option to prosecute. In practice, the US often claims wider jurisdiction, and British authorities frequently allow them to do so.
US military officials argue that prosecuting their own personnel is essential for maintaining consistent, standardized punishments and sending a deterrent message. They state that while they would defer if the British insisted on prosecuting, the UK often turns cases back over to the US military.
Despite this tendency, there are instances where UK law enforcement insists on its own prosecutions. The case of Mikayla Hayes, a US air force mechanic involved in a fatal collision, exemplifies this. The US military sought to take over the investigation, but the Crown Prosecution Service successfully challenged a US certificate asserting jurisdiction, leading to Hayes being prosecuted in a UK crown court.