Appeals Procedure

Discussion in 'Officers' started by barrowvian, Jun 16, 2010.

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  1. I completed the AOSB earlier this year, but unfortunately received a letter stating that I had not qualified and that if I wished I could try again in 6 months.

    I felt a bit concerned in the areas (2) that they had stated I had failed as these were two of my stronger attributes.

    Anyway, I applied via my sponsor to resit in 6 months. A few days later I received an email back from him containing some unpalatable news. It turns out that I had met the criteria at A0SB to progress to Sandhurst, but there is an issue from my past that prevented me from continuing. This issue is also preventing me from resitting AOSB.

    To be completely honest, I was convicted of Fraud via misrepresentation early in 2009. I had sold several items on a forum I regularly use and a couple of the items got mixed up. An honest mistake really. Understandably, one of the people complained as they had received an item that's value was considerably different from what they ordered. I agreed and tried to sort things out, however, the buyer who has received the greater valued item was not playing ball and denied everything.

    To skip to the conclusion, the buyer wasted no time in getting the police involved and said I tried to scam him, not mentioning how much I'd done to get it sorted out. I couldn't prove my innocence as all I had was a bunch of receipts for sending items, but nothing to state what items I'd sent to where. Kinda had the book thrown at me at the magistrates court and was slapped with Fraud via misrepresentation. Even though my solicitor advised it should have always been a civil case (or something along those lines) and it appeared that they were making an example of me.

    I cannot wait the 5 year rehabilitation period as I'll then be 29 and ineligible for officer entry, according to my sponsor.

    Is there any way that I can appeal against this decision and prove that I am in actual fact a reliable and trustworthy person, despite what that one blip on my record states?

    Any advice would greatly be appreciated, thank you.
  2. in_the_cheapseats

    in_the_cheapseats LE Moderator

    I think the term is

    You're buggered.

    Any conviction with fraud attached no matter how you say it happened is going to put a red pen through your name.

    I'd start looking for employment elsewhere.......
  3. Thank you for your reply.

    However, I am determined to see this through even if it doesn't get me to where I want to be. At least I'd be able to hold my head up and say I tried.
  4. Could you not talk to your local recruitment officer and ask him to write a report explaining your case to the AOSB board? That would seem to be worth a try.

    Could you also not appeal the decision, this time with a decent solicitor!
  5. I have composed a letter for my recruitment officer so will forward that now.

    Appealing the decision in court is my last option (really due to lack of funds) but will have to be done if all else fails.
  6. I fear you're snookered, this sounds like a vetting fail, if nothing else and there's no appeal mechanism there, as far as I know.

    You should certainly try stating the facts to whoever you can find willing to listen, but I would consider a Plan B if I were you, one not involving becoming Her Majesty's trusty and well-beloved friend.
  7. If you get no joy from the recruitment officer, your next step may be to write direct to the board - at least the answer is from the horses mouth.

    If you don't mind me asking were you not requested to declare convictions during the pre board process? If you failed to do so and they feel this was a deliberate act on your part to conceal the truth best you give in now.

    Unfortunatley (whether justified or not) you have a conviction for fraud and this does not sit well in an organisation where integrity is highly prized. As an officer you will find yourself in charge of funds and they must consider your past against this fact.

    For what its worth don't sit about banking on this working out - it might not!
  8. If you do this, think of it as an investment in your future!
  9. Thank you for your advice.

    I have forwarded the information onto my ACA. My conviction was declared from day 1 and nothing was said about it. I was asked questions about the conviction at the briefing and the main board and gave honest answers all the way through it.

    Im just waiting to hear back from my sponsor now.
  10. There's more to this than you're telling. Where you prosecuted by the police or trading standards? Either way you're well out of time to appeal your conviction if it was early 2009.

    In my expereince, neither would prosecute given the circumstances you've described. You made a common mistake, it was not a deliberate unlawful act. You'd have been given plenty of opportunities to avoid court - why did you not just replace the item or refund his money? Where you not offered a caution?

    Help us - what penalty did you get?

    That said, I do sympathise. Discuss it with the ACLO and see if they can offer better advise. You have nothing to lose, so get trying.
  11. I couldn't replace said item as I didn't have another to replace it and as unable to refund as the money was used straight away to cover things like bills etc (hence why I was selling stuff in the first place).

    It panned out that I had sold items to make a gain, with no intention of forwarding the correct item. I had no proof to say otherwise. The bloke on the other end pushed for it from the police that I had intentionally scammed him, and as I've already said stated the bloke that received the higher valued item simply denied everything.

    With all that put together the police came to the conclusion that ; I had intentionally sold wrongful items to make a gain for myself with no intention of sending the correct item. I had no proof of what I'd sent, just the receipt for it. I had no other option as I was advised my 'not guilty' approach wouldn't stand as I had no evidence to protect myself. It was simply just my word against and item I had already admitted to sending, albeit to the wrong address.

    I did pay the money back when I could afford it, and received 75 hours community service for it.

    I know it doesn't all sound great but that's everything that happened. I've been seeking advice from solicitors so I'm just going to take it from there. Thank you though.
  12. Found (and pleaded) guilty in a Court of Law of fraud I don’t see what your appealing against open and shut this disbars you from Service, you can try and say this, that and the other the fact is quite clear you were found guilty of a crime which disallows you from Service time to move on and look for alternative employment sorry.
  13. in this land of "innocent until proven guilty", one would presume that your denial and innocent explanation - if true - would be enough to instil "reasonable doubt" in the mind of the magistrates.

    if i was accused of something of which i was innocent, no solicitor on earth could convince me to plead guilty. you've always got a choice. sounds like you're not even convinced of your own innocence, and one wonders why...

    anyway, the british army can afford to pick and choose when it comes to selecting officers. amazed you even got invited to AOSB to be honest. and if you think that's harsh - perhaps you should have thought harder about the consequences when pleading guilty to a criminal offence.
  14. To look at it from another perspective, if I had ordered something from a company or individual via the internet and recieved an item of significantly lower value, and then could neither exchange nor return the item for a full refund, I'd be minded to contact the police.

    I can see how it might be frustrating from your point of view, but I suppose from the perspective of the AOSB you have already had your chance to prove yourself innocent in court, and they have to take a decision based on that.
  15. How did the Army discover this 'blip'? If you didn't tell them, maybe this would suggest to them that you might not be "a reliable and trustworthy person"?

    Quite frankly I do not think that you are going to get lucky. Edited to add if you can't appeal against the judgement why should the AOSB look at you again because you've written a nice letter if your conviction stands? I don't mean to be harsh, but quite frankly you may have lucked out.