C O's Powers

Discussion in 'Military Discipline' started by SCSL0015, Apr 7, 2011.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. Pardon me for the question but being a bit of a internet surfer was aware of arrse and now need help from you guys.
    The question is a very simple one does the regimental C.O. have the power to dismiss a serving soldier on an Aggie charge sorry for spelling if that is incorrect or does he have to send it to court martial to effect that end result.
  2. A CO can apply for the compulsoary discharge of a soldier if the sooldier has:

    Committed a criminal offence that warrants discharge
    Committed a breach of the service test that makes continued retention undesirable
    Grounds of inefficiency or unsuitabilty.

    No need for court martial, CO recommends and Bde/ DM(A) will authorise discharge. Takes about a week - been a naughty boy?
  3. You could say that however matter was fully dealt with at Civilian Magistartes Court some 7 months ago army has just now decided to pursue the matter internally my dificulty is the Armed Forces Act 2006 chapter 52 sub chapter 3 followed by several subsections that do not seem to allow for double jeopardy if (the army ) are relying on the same evidnce used in the civilian matter which they are doing any advice would be greatly appreciated Also whilst accepting that the CO may apply for the aformentioned discharge can the soldier elect for court martial if he wishes to do so.
  4. If it's being dealt with by Maj AGAI, it's not double jeopardy - the civilian court have dealt with your infraction of civil law. The Originating Officer in a Maj AGAI action can use evidence gathered to see if you have fallen short of the Army's Values and Standards. Bear in mind that that the Deciding Officer only needs to believe that the failing occurred on the balance of probabilities, not the beyond reasonable doubt required in Summary Hearings.

    You can't go for Court Martial as it's not Summary Hearing. You can however put in a written representation within a reasonable time (normally 10 days) after being served your paperwork and you may consult a solicitor at your own expense.

    You should really have an Assisting Officer appointed to help you with all of this?
  5. What was the offence and sentence?
  6. Section 5 public order act and £750 fine
  7. 'Conduct prejudicial to good order and Service discipline'

    Gets you every time.
  8. What rank are you? (It affects what level of admin action will be taken)
  9. That's no ordinary Section 5, normally dealt with by way of a PND (Penalty Notice for Disorder) to the tune of £80.
  10. if it was racially or religiously aggravated (sch 31 IIRC) then the Army will take a very dim view, not least you'll fail a CRB which will debar you from a range of appointments including Ph1/2 instructors. It will have been a failing of the Service Test as it relates to the undermining reputation of the Army. Definitely major AGAI action, and definitely justifies discharge. There is no statute of limitations, or time limit on these things, although you could argue that a 7 month delay is unreasonable, which may be grounds for a Service Complaint, with the qualifying action being reinstated in employment should you be discharged.

    Bottom line, you can't be disciplined for this under AFA06, but you can be AGAI'd. And regarding 'Conduct prejudicial to good order and Service discipline', that is Summary Dealing - or military law - in this instance it is AGAI, or in simple terms Company Policy.
  11. Forastero

    Forastero LE Moderator

    £750? I'd like to know the details of that bad boy given that I've dealt with cases of soldiers causing criminal damage and assault and getting away with a couple of hundred quid. Beans. Spill.
    • Like Like x 1
  12. I concur. I'd like to know just a tad more about this before I make a comment.

    Yours aye,

    Dale, ex SSA Kingos.
  13. Mil Law is the equivalent of Criminal Law. AGAI67 brings in Civilian Law and in this case specifically, employment law. The example I have used that demonstrates it is not double jeopardy is the example of a proffessional civvy truck driver. He gets a driving ban - criminal law. His firm sacks him - civil (employment) law. The court is dealing with the offence, the firm is dealing with the aftereffect of the sentance. In your case, the damage to the Army's reputation and the loss of trust the chain-of-command will have in you as a result of your actions. Likely punishment will depend on the circumstances, your unit, your rank and your history, but could range from a stiff telling-off to discharge. That said if you are a junior soldier, with an otherwise good record and there is no aggravating factors (race, religion etc) you are probably looking at a 1-2 year promotion ban.
  14. Excuse me, but you are?

    Oh, and any chance of paragraphs and decent spelling?
  15. entirely correct with good use civvy analogy. Although, dale, if you were SSA at the Kingos you're disc experience will dwarf mine, certainly theft related!!!