Trials of US military personnel are usually held on military premises, and while the judges, prosecutors and defence lawyers are legally trained, they are employed by the military. The jury are members of the armed forces. Composite: Guardian Design/Getty Images View image in fullscreen Trials of US military personnel are usually held on military premises, and while the judges, prosecutors and defence lawyers are legally trained, they are employed by the military. The jury are members of the armed forces. Composite: Guardian Design/Getty Images Base justice US military Explainer 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
A US fighter pilot strangled a woman in England. Why did it end in a ‘degrading’ military trial?
Prefer the Guardian on Google A little-known system in which US military personnel are tried through a court martial for alleged crimes committed in the UK is under growing scrutiny.
There are more than 12,000 US personnel stationed on at least 15 US military bases and facilities in the UK . With the exception of Lossiemouth in Scotland, all the bases are in England.
The American military personnel can sometimes bypass the British legal system, even when their alleged offences took place when they were off duty. So why is this happening? And are UK law enforcement authorities abandoning their responsibility to investigate and prosecute crimes that have occurred on UK soil?
The Guardian has identified a wide range of convictions of US service members, including sexual assaults, paedophilia, indecent exposure, violent attacks, drink-driving, speeding and driving a uninsured car. A significant number of these crimes have involved British victims and were committed outside US military bases.
Read more Many perpetrators were prosecuted in American military courts within these US bases. The hearings – known as courts martial – are held behind heavily guarded perimeter fences. The public are not able to freely walk into a court martial and listen to proceedings, as they could if it was a British criminal hearing.
The concept of a court martial is to instil order and discipline among armed forces – a notion that has existed since Roman times. It gives US military commanders the ability to convene a hearing to try military personnel accused of wrongdoing.
These trials take place in a different legal system from civilian courts. They are held on military premises, and while the judges, prosecutors and defence lawyers are legally trained, they are employed by the military in specialist units. The jury are members of the armed forces.
The conduct of the US forces is governed by their own set of laws, known as the Uniform Code of Military Justice. The code covers offences that would be expected – such as disobeying orders, desertion, war crimes and taking drugs while on duty – but also offences such as sexual violence and paedophilia.
Some offences relate to perceived moral transgressions, such as infidelity toward a partner, which undermines the “good order” of a unit (the maximum punishment for this is a year in a military jail), or gambling with the lower ranks (which can result in imprisonment for three months). A US air force spokesperson said its proceedings “are fair, transparent and thorough”.
View image in fullscreen Plane spotters outside RAF Mildenhall in Suffolk, which supports…