Evidence emerging from the Independent Inquiry relating to Afghanistan has been referred to service police for consideration of possible serious criminal offences involving UK Special Forces personnel.
According to a BBC report published on 6 October, the Ministry of Defence identified the material earlier this year following enquiries prompted by the Inquiry. UK Special Forces subsequently referred it to the Defence Serious Crime Unit (DSCU).
The evidence concerns detention operations conducted in Afghanistan between 2010 and 2013. The Inquiry, chaired by Lord Justice Sir Charles Haddon-Cave, is examining disputed allegations of unlawful killings, possible attempts to conceal the evidence and the adequacy of earlier military police investigations.
The DSCU has reportedly completed an initial scoping exercise but has paused any criminal investigation pending the conclusion of the Inquiry. The MoD has indicated that parallel criminal proceedings would be inappropriate while the Inquiry continues
Criminal proceedings remain a possibility
Jonathan Glasson KC, the counsel for Lord Justice Haddon-Cave chairing the independent inquiry, made the disclosure about the new allegations in a written statement to the High Court on Monday:
“In early 2026, as a result of inquiries set in train by the inquiry, the Ministry of Defence identified material that indicated that service personnel deployed on operations may have committed serious offences under the Armed Forces Act 2006.”
“In accordance with section 113 of that act, the matter was referred by UK special forces to the Defence Serious Crime Command. It is understood that, following a scoping exercise, the service police have paused any criminal investigation into the matter pending the conclusion of the inquiry.”
The latest development emerged during High Court proceedings concerning a challenge to the Inquiry's procedures by "a senior military officer" who served in Afghanistan. The challenge raises questions about the fairness of arrangements for hearing sensitive evidence in closed sessions, and the opportunity for individuals potentially affected to respond to allegations.
It is important to distinguish between the referral of evidence suggesting possible offences and a decision to prosecute. No criminal charges have resulted from this referral, and any eventual prosecution would be subject to independent decisions and the normal safeguards of criminal justice.
BAFF comment
BAFF continues to support the proper, timely investigation of credible allegations of serious wrongdoing, alongside the rights of service personnel to fair treatment and due process.
The latest developments underline the importance of maintaining confidence in both the Inquiry's procedures and any subsequent criminal investigation. Those who give evidence, those against whom allegations may be made, and the families of those who died all have legitimate interests in a process that is thorough, fair and conducted without unnecessary delay.
The Inquiry has some way to go yet. BAFF will continue to follow developments.
Further reading: BBC News – UK special forces could face prosecution as Afghanistan evidence referred to police
Inquiry timetable
The Inquiry, established in December 2022, originally aimed to report, at least on an interim basis, within 12–18 months. In September 2026, the Ministry of Defence disclosed the existence of a further 97 million records, the great majority of which are believed to be irrelevant. The MoD maintains that the necessary searches can be completed without disrupting the Inquiry's timetable, but the chairman has warned of the risk of further delay. No revised reporting date has been announced.