This Note looks at some of the issues raised by legal challenges to the Armed Forces.
Debate on 7 November: The Armed Forces and Legal Challenge (357 KB , PDF)
In June 2013, the Supreme Court ruled that British servicemen deployed overseas could fall within UK jurisdiction for the purposes of the European Convention on Human Rights (ECHR). In October 2013, the Policy Exchange think tank published a report which argued that such “legal mission creep” could “paralyse the effectiveness of the military”. This Note looks at some of the issues raised. It examines both the obligations of UK armed forces deployed overseas to local civilians and the Government’s obligations to members of the armed forces, particularly regarding the extraterritorial application of the ECHR. It also considers the prospects for change in the legal frameworks that apply to the military, including the possibility of derogation from the ECHR.
Debate on 7 November: The Armed Forces and Legal Challenge (357 KB , PDF)
The Labour Party’s 2024 general election manifesto said that, if elected, it would conduct a strategic defence review (SDR) in its first year in government. The new Labour government launched a review in July 2024. It is expected to report in the first half of 2025. The House of Lords is scheduled to hold a debate on the SDR on 9 October 2024.
The Labour government has called for an “improved and ambitious relationship” with Europe, including a new UK-EU security pact and stronger bilateral partnerships with partners including France, Germany and Joint Expeditionary Force allies. This briefing outlines some of the actions proposed and undertaken by the UK government to improve ties since the July 2024 general election.
The Labour government has set out its short- and long-term plans to reduce the pressure on prison capacity in England and Wales. This includes releasing eligible prisoners on licence into the community after they have served 40% of their sentence and building more prisons. Organisations have highlighted the risk of prison overcrowding on prisoner wellbeing. Some charities have called for better mental health support for prisoners whilst in custody and on release.
