Leaked report into failing military crime unit disappointing and concerning, says lawyer

A military lawyer has described a leaked report into failings at the Defence Serious Crime Command (DSCC) as "troubling" and says its findings chime with her own experience of dealing with the unit. 

The leaked review warned that without reform, there would be an "erosion of trust" in the military justice system. 

The report from last year was only made public after it was leaked to the BBC. 

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Concern around information sharing and training 

The DSCC was set up to provide investigation into rape, sexual offences, murder and manslaughter independent of the chain of command, in the wake of the death of Gunner Jaysley Beck, where the military complaints system was found wanting. 

The Centre for Military Justice's Lucy Baston highlighted several concerns that she has witnessed in her work as a solicitor at the centre, including inadequate information sharing between civilian police forces, delay, and training issues. 

Speaking about the inadequate information sharing, Ms Baston said: "In one of my cases, it was identified that one of the men that our client had accused of rape was actually already on bail from the civilian police for raping another woman allegedly at the time that our client reported the rape. 

"Civilian police flagged that with the DSCU [Defence Serious Crime Unit], and they were asked about safeguarding concerns, in particular, quite correctly. 

"But, we can see nothing from the information that we have to say that the DSCU did anything pragmatically with that and, in fact, failed to flag it to the SPA [Service Prosecuting Authority] when the case was referred to them."

The SPA is the military equivalent to the Crown Prosecution Service and is responsible for considering service offences. 

On the issue of training, Ms Baston said that an independent report prepared by the Service Police Complaints Commissioner upheld a complaint about the training of officers investigating a case involving control and coercion and serious sexual offences. 

She said that the officers did not have the relevant training that they required. 

"I've chased up with the DSCC several times to ask how they intend to implement the recommendations that were identified within that report," Ms Baston explained. 

"I just haven't received a response, which is obviously really concerning, when we see in this leaked report that actually that's also flagged as a concern."

Ms Baston noted that in her cases there have been problems with digital evidence not being downloaded and also issues with forensic evidence. 

Transparency and staffing gaps 

Other issues raised in the report are around the inconsistency in investigations, the strength of leadership and staffing gaps. 

There was a 16% increase in serious crime investigations between 2023 and 2024. 

"I think it's really troubling and I think it's really important that when the MOD implements these changes they're implemented meaningfully," Ms Baston added. 

"If they welcome not only oversight in the form of this report, but also assistance with implementing these changes from civilian police forces, I think that would be a really positive thing."

The MOD's statement described the review as part of the unit's commitment to continuous improvement and transparency, although Ms Baston questioned the level of transparency given the report only became public after it was leaked. 

So, what are the implications if the unit is underperforming for victims and survivors who want to raise their complaints?

"I can see through the cases that I've been working on and the servicewomen that I support that these negative outcomes that can sometimes follow a poor investigation can be career-ending and completely devastating. 

"So, it's absolutely vital that the DSCU does what it needs to do to make sure that these offences are being investigated appropriately and properly."

An MOD spokesperson said: "The Defence Serious Crime Command commissioned this review last year to provide honest challenge, identify areas for improvement, and help ensure the highest standards of service for victims and witnesses. 

"Since accepting the findings, the DSCC has undertaken significant work to improve its offer, including further investment in victim and witness support, strengthening governance and safeguarding arrangements, accrediting investigators to nationally recognised policing standards and implementing best practice. 

"This includes through programmes such as Operation Soteria, the national operating model for rape and serious offence investigations, which places victims at the heart of the process.

"This review forms part of DSCC's commitment to transparency, continuous improvement and ensuring victims receive the support and service they deserve."

Additional reporting by Rosie Laydon.