Any service personnel charged under Afghanistan abuse inquiry will have legal fees paid

Current and former personnel who may face criminal prosecutions in relation to alleged wrongdoing in Afghanistan will have their legal fees paid for by the taxpayer, an internal letter has revealed, signed by the most senior officers of the Armed Forces.

The assurance comes as hearings continue for the Independent Inquiry Relating to Afghanistan, a judge-led probe investigating matters arising from the deployment of British Special Forces from mid-2010 to mid-2013.

It means any current or former member of the Armed Forces who may face criminal or civil proceedings in the courts as a result of the inquiry would not be faced with the bill to mount a legal defence.

Forces News has verified the letter.

Dated 13 December, the "position of the UK Defence leadership in respect of vetting, disciplinary, and criminal proceedings in the context of the Independent Inquiry relating to Afghanistan" is set out.

Within that, a written assurance under the heading "legal support" is made clear. It states:

…all members of the UK Armed Forces, including Reserve Forces and MOD civilians, plus veterans, should expect to be provided with legal support at public expense where they face criminal or civil allegations that relate to actions taken during their employment or service, and where they were performing their duties.

Signed jointly by David Williams, Permanent Secretary to the Ministry of Defence, Admiral Sir Tony Radakin, Chief of the Defence Staff, Admiral Sir Ben Key, First Sea Lord, General Sir Patrick Sanders, Chief of the General Staff, General Sir Jim Hockenhull, Commander Strategic Command, and Air Marshall Sir Richard Knighton, Chief of the Air Staff, the letter is one of at least two issued by senior commanders within the Armed Forces on the same day.

General Sanders, in a separate letter to all current and former soldiers, implored anybody with information useful to the inquiry to come forward and provide evidence.

In his letter, General Sanders writes:

I want you to be crystal clear that this Inquiry has my full cooperation and support, and I expect all levels of the Chain of Command to take the same approach. The Inquiry is entitled to see all evidence of any classification, and I encourage anyone who thinks they might have information or material that would help the Inquiry to contact them.

The Independent Inquiry Relating to Afghanistan was announced in December 2022 following allegations made by the BBC relating to SAS operations in Afghanistan.

Hearings began in July, some of which cannot be reported due to the sensitive nature of the matters being discussed in evidence.

The public funding of legal fees for military personnel, past and present, is not a new policy. Yet, this is the first time confirmation has been given in relation to prosecutions that may arise as a result of the Independent Inquiry Relating to Afghanistan.

Soldier F, a Northern Ireland veteran who is set to go on trial on two counts of murder he is alleged to have committed during Bloody Sunday, is understood to be having his defence costs paid for by the British taxpayer.

However, in 2017, Alexander Blackman, known as Marine A, crowdfunded the costs of his legal fees during a successful appeal to reduce his murder conviction to manslaughter on the grounds of diminished responsibility.

Forces News has asked the MOD to comment.