A former SAS soldier has warned that the UK could be placed “in peril” if the Government presses ahead with prosecutions of special forces personnel over historic allegations linked to past conflicts.
Robert Craft, 68, who served for 14 years in the Special Air Service and was a member of the elite B Squadron during the Troubles in Northern Ireland, said ongoing legal uncertainty is damaging morale within the regiment and discouraging new recruits from coming forward.
Mr Craft said the SAS is already facing declining numbers, with fewer soldiers from the regular armed forces willing to join and retention rates continuing to fall.
He fears that new legacy legislation, which allows investigations and potential prosecutions linked to operations carried out decades ago, is further undermining confidence among serving personnel and veterans.
“At such a dangerous time as this, with so many war risks ongoing and the threat from Russia, pressure on the SAS could be putting the UK in peril,” he told reports.
Legacy laws under scrutiny
The concerns centre on legislation dealing with unresolved cases from the Troubles. The Conservatives’ Legacy Act, introduced in 2023, had halted inquests and investigations into Troubles-related deaths. However, last year the High Court and the Court of Appeal in Belfast ruled that the Act’s immunity provisions were unlawful and incompatible with the European Convention on Human Rights (ECHR).
In response, the Government brought forward the Northern Ireland Troubles Bill, aimed at creating a new framework for addressing deaths linked to the conflict.
Although the Bill is intended to provide protections for veterans, former SAS soldiers now in their late 60s and 70s are facing renewed investigations into operations carried out while they were serving.
“A number of my former colleagues are facing investigation many years after they have left the Armed Forces and are now in retirement,” Mr Craft said.
He added that some of those under investigation are suffering from post-traumatic stress disorder, while others have experienced long-term mental health problems linked to their service.
Morale and mistrust
Mr Craft said veterans feel insufficiently protected by the current proposals and believe decision-makers do not understand the realities of special forces operations.
“We are not against the Government, but there are gaps in the new legacy procedure where people can still be called to an inquiry, and decision-makers don’t understand the complexities,” he said.
He also claimed the situation has contributed to recruitment difficulties within the SAS and has led to a growing mistrust of the government among serving soldiers.
“When you treat the soldier and the terrorist as equals you don’t strengthen the terrorist, but you do disarm the soldier,” he said.
Government assurances
Sir Keir Starmer has said he is “absolutely confident” the new Bill will not result in “vexatious prosecutions” of former soldiers. His administration plans to replace parts of the previous Conservative government’s Legacy Act, which shut down all UK police investigations into Troubles-related killings in May last year.
That Act also included a controversial provision offering conditional immunity to perpetrators of Troubles-era crimes in exchange for co-operation with a truth recovery body.
Labour’s proposed legislation, agreed as part of a framework with the Irish Government, would establish a reformed Legacy Commission with enhanced powers.
However, the SAS Regimental Association has warned that the Bill could still expose former soldiers to prosecution. In a letter threatening legal action, the association argued that the legislation offers limited additional protections beyond those already in place for criminal investigations and inquests.
Veterans have also raised concerns that the lack of safeguards could breach their rights under Article 6 (the right to a fair trial) and Article 8 (the right to private and family life) of the ECHR.
Trust in the system
Confidence among veterans has been further eroded by cases such as that of Soldier F, a former paratrooper charged over events on Bloody Sunday in 1972. After a five-week trial in Belfast, the man, now in his 70s, was cleared of all charges.
Sitting without a jury, the judge criticised the prosecution’s evidence as failing to meet the required standard. Soldier F had been accused of murdering two unarmed protesters and attempting to kill five others more than 50 years after the events took place.
Reports have suggested that up to 100 SAS veterans involved in Troubles-era operations could still face further inquests or criminal investigations, despite Labour’s insistence that veterans will be protected.
The Government has said six safeguards will apply to veterans, including anonymity at inquests and exemptions from travelling to Northern Ireland to attend hearings. Critics, however, argue that these measures could also apply to former IRA members.
Some veterans are now calling for the European Convention on Human Rights and the UK’s Human Rights Act to be disapplied in relation to actions taken by troops while on active service.
A Government spokesperson said:
“This Government’s commitment to our Operation Banner veterans is unshakeable. The previous Government’s Legacy Act was ruled unlawful by the courts and delivered no real protections to veterans in legacy processes.
“The new NI Troubles Bill delivers six lawful and deliverable protections, designed in consultation with veterans so the legislation works for them. We recognise the strength of feeling within the defence community and have held constructive meetings with senior officers, regimental associations and the third sector as the Bill progresses through Parliament.”
