Jim Shannon – 2016 Parliamentary Question to the Ministry of Defence

The below Parliamentary question was asked by Jim Shannon on 2016-01-27.

To ask the Secretary of State for Defence, what protections exist for British veterans of the Iraq War who are subject to prosecutions for alleged crimes committed while undertaking their service.

Penny Mordaunt

The Government has consistently maintained that the vast majority of Service personnel deployed on operations overseas act in accordance with the law and their training. However, there remains a legal duty to investigate credible allegations of criminal offences, and to prosecute where appropriate. The Director of Service Prosecutions applies the same test as his civilian counterpart, and Courts Martial, like civilian courts, will convict only where the case is proved beyond reasonable doubt. The Iraq Historic Allegations Team has referred two cases to the Director of Service Prosecutions to date; in both cases he has declined to prosecute.

Police investigations and other proceedings can impose a strain on the Service personnel and veterans affected, and we take very seriously our duty of care to them. Anyone who is interviewed as a suspect is entitled to free legal advice; this continues in the event that the case proceeds to prosecution. We also seek to provide pastoral support to Service personnel and veterans who are under investigation, or who are called upon to give evidence to inquests and inquiries. The Department funds independent legal advice wherever necessary in such cases.