A question about charges?

Discussion in 'Army Pay, Claims & JPA' started by Snakes_R_Us, Dec 13, 2006.

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  1. Can someone be charged by the civilian police (D&D (NOT ME)) and then be charged by the military (bringing the arny into disrepute). Is this not being punished twice for the same event?

    And yes I am totally against D&D. I don't drink at all if I'm driving and don't drive the next day until the eveningif I've been drinking.
     
  2. I believe yes because you are being charged for two different things. Firstly Drink Driving and secondly Bringing the army into disrepute.

    The Army couldn't charge you with D&D again.
     
  3. I thought D&D was drunk and disorderley, DUI (Driving under influence) is Drunk driving
     
  4. If we are being picky, I thought it meant Devon and Dorsets, surely not a chargeable offence!
     
  5. I don't know, I've heard stories about them ;)
     
  6. CivPol will bring formal charges leading to loss of license etc, the military action is far more likely to take place under the AGAI and is therefore administrative action not double jeopardy discipline.
     
  7. B_AND_T

    B_AND_T LE Book Reviewer

    DUI is civvy offence and therefore dealt with by civvies. You can also be charged with bringing the Army into disrepute, however the norm now is to take AGAI 67 major action against the person.
     
  8. Once again IT IS NOT ME, but are they not punishing the person involved twice once civilian once by the military but both because of the DUI one offence.
     
  9. B_AND_T

    B_AND_T LE Book Reviewer

    OK OK pass it on to the "friend" of yours.

    The best way to explain it (for AGAI Action) is:

    If "you mate" was a bus driver and got caught DUI, he would be fined and banned.

    This would mean that he would be incapable of carring out his duties and therefore could be liable to dismissal. This is administrative action.

    All cases have their own merits however in each case the service test must be applied.

    Does you mate have rank, what job does he do etc etc etc
     
  10. It is a fact that the military can charge your 'friend' with bringing hte Army into disrepute or sanction him uner AGAI 67. The effect of this can vary from a bo**ocking, through to a time bar for promotion.

    It also depends upon whether his job requires him to be a driver. If he is a driver in the MT/ the CO's/ OC's driver for example then I think the Army is justified in taking some action, but otherwise I hate the concept of punishing someone twice.

    If it was me I would put up with it as long as there was no long term effect. A roasting from the CO and/or a few show pdes are no big deal and probably deserved. But if it results in a Regtl Entry etc I would be extremely angry. That said, there is not much that one can do about it since rules are rules etc. At least if charged formally by the CO, the individual has the opportunity to have an Accused Advisor etc.

    Tell him not to kick up too much of a fuss unless there will be lasting career damage.
     
  11. B_AND_T

    B_AND_T LE Book Reviewer

    A civil conviction, depending on severity, would normally result in Regt Entry.
     
  12. IT ISN'T ME!!!!!
    I was having a conversation when someone mentioned that a lad was being charged for DUI before the case has been to court. I thought they would have to wait until after the case was heard and sentence passed, as what would be the outcome if he was found not guilty of DUI.

    B&T what if he was a labourer who didn't need to drive should the company he works for punish him administratively?
     
  13. B_AND_T

    B_AND_T LE Book Reviewer

    "I have this friend, who's sister boyfriend.............."

    Anyway what happened to innocent until proven guilty.
     
  14. Sh1ts all over the values and standards and does bring the army into disrepute. As soldiers we should have standards at all times blah blah blah.... Bottom line it reflects badly on all of us.

    Got him.
     
  15. Got me with what?
    Yes we have values and standards, but he broke the law and will be punished, why should he be punished twice