AGAI 67 - Major or Minor admin action?

#1
Gentlemen,

I am in a bit of a pickle. I got in trouble with the police over six months ago and was arrested for suspected possesion of a controlled substance. The police investigation is still ongoing but after a good chat with my solicitor he seems to think the charges will be dropped.

I was submitted for CDT shortly after the arrest and results were inconclusive. The CoC informed me that no action would be taken by them until the civil proceedings have finished, but they failed to inform me which action is LIKELY to be taken.

This lead to me digging around the AGAI 67 manual. I can clearly see that if I receive so much as a Caution from the police regarding this matter, discharge is the only option. The grey area is if the charges are dropped, what is going to or likely to happen?

No previous discipline problems, sheet is whiter that white.
Served 10 years, Rank, SGT


Input appreciated!
 
#4
Surely the police now have to prove it was yours? Was it yours? What did you tell the police?
 
#5
I had no idea it was illegal, infact, I was sure it wasn't illegal. Forensics have confirmed it is illegal though. It was found at my friend's flat where I was when the police arrived! It was some kind of Benzodiazepine...?
Benzos are not illegal... If you have a prescription for it :) (Quite useful for date rape on some people apparently.)

Seems like a case of pick a better place to go to next time.

If it wasn't in your possession then you shouldn't have anything to worry about - unless your mate is saying it was yours.
 
Z

Zarathustra

Guest
#8
Gentlemen,

I am in a bit of a pickle. I got in trouble with the police over six months ago and was arrested for suspected possesion of a controlled substance. The police investigation is still ongoing but after a good chat with my solicitor he seems to think the charges will be dropped.

I was submitted for CDT shortly after the arrest and results were inconclusive. The CoC informed me that no action would be taken by them until the civil proceedings have finished, but they failed to inform me which action is LIKELY to be taken.

This lead to me digging around the AGAI 67 manual. I can clearly see that if I receive so much as a Caution from the police regarding this matter, discharge is the only option. The grey area is if the charges are dropped, what is going to or likely to happen?

No previous discipline problems, sheet is whiter that white.
Served 10 years, Rank, SGT


Input appreciated!
Are you sure? I know someone who got caution and got little more than a slap on the wrist. Although he isn't a druggy
 
#10
It doesn't have to be clear cut, they will just apply the service test to decide if AGAI action is applicable.
Are you trying to imply that taking an illegal drug in a mate house causing you to end up in hospital for 6 days and having got the old bill involved will fail the service test?
 
#12
Are you trying to imply that taking an illegal drug in a mate house causing you to end up in hospital for 6 days and having got the old bill involved will fail the service test?
Depends how fat the OP is. :wink:
 
#13
Captain planet, Can I just enquire if you are a heemasex?

Not that I've got a problem with that because I don't want the padre getting all outraged.
 
#14
#15
You shouldn't have took it in the first place, then you wouldn't have this problem.
You say you're a Sgt. great example you've set.
As they say....tough shit!
 
#16
Well it is definitely not Minor Admin action that's for sure. The chain of command need to be sure 'on balance of probability' that you have committed an offence that breached the Service Test. If you have not failed CDT there is no direct evidence of use. If the police do not give you a Caution you are not guilty of possession. There may be a problem if you have admitted taking the drug. For Summary Dealing you cannot incriminate yourself, ie your own admission to an offence is not allowed to be used against you, unless it has been given under Caution. This may not apply under Admin Action. If it does not apply then the Chain of Command is going to find it hard to produce credible evidence to find you guilty of anything.

A word of advice, think twice before you accept a Caution from the police and definitely get legal advice. A Caution is an admission of guilt. If you accept the Caution you are toast. My understanding is that the Police might offer you a caution where the CPS might not find sufficient evidence to prosecute.
 
#17
Let's assume that you get a Police Caution for the criminal offence which the police are investigating. The CO will take AGAI Major Action and consider his sanction. The list of sanctions in Appendix 11 of Annex D of AGAI 67 are entry points so the CO can go up or down from there.

Remember if you accept a caution you admit that you committed the offence and the CO will proceed from that assumption.

If all criminal proceedings are dropped then Admin Action might still be taken as the standard of proof for Admin Action is "on the balance of probabilities" not "beyond reasonable doubt" like criminal cases.
 
#18
the point is a snco shouldn't have got himself into this situation. But he has. How does he get out of it? You have claimed spiking? your so called friend has owned up to the purchasing of the drugs? even though they may not apply AGAI 67 if the case is dropped by CPS they can still administratively discharge/reduce you in rank. I know its an old addage but it works - tell the truth
 
#19

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