Civil courts and the army

I was recently given a conditional discharge on a charge in a civilian court so have not been prosecuted. However I’ve still be placed on an OCs warning for the charge that I was never prosecuted for. I’m getting pretty ganged up on at this point for something I’ve not even been done for and I’m wondering what sort of legal standing I have to fight back
 
I was recently given a conditional discharge on a charge in a civilian court so have not been prosecuted. However I’ve still be placed on an OCs warning for the charge that I was never prosecuted for. I’m getting pretty ganged up on at this point for something I’ve not even been done for and I’m wondering what sort of legal standing I have to fight back
You haven't been punished. AIUI, a conditional discharge imposes no penalty, for the duration of of the order, but if you are back in front of the court in that time for something else, the option is there to impose an actual punishment for the original offence.

You have however been prosecuted and convicted, which I imagine is why the Army has sand in its knickers.
 
Thanks for speedy reply. I got charged with 2 offences. One of which I was prosecuted for. The army hasn’t done anything about that one. The other was the conditional discharge which they are punishing me for this is why I’m confused how they can now punish me for something the courts have not
 

diverman

LE
Book Reviewer
You haven't been punished. AIUI, a conditional discharge imposes no penalty, for the duration of of the order, but if you are back in front of the court in that time for something else, the option is there to impose an actual punishment for the original offence.

You have however been prosecuted and convicted, which I imagine is why the Army has sand in its knickers.
Also add in you could be disciplined under what was Section 70 having been before a civilian court contry to'good order and military discipline'. it is due for repeal but is still active.
 
Thanks for speedy reply. I got charged with 2 offences. One of which I was prosecuted for. The army hasn’t done anything about that one. The other was the conditional discharge which they are punishing me for this is why I’m confused how they can now punish me for something the courts have not
No idea mate, but a conditional discharge results from prosecution and conviction, which the Army doesn't like.
 
No idea mate, but a conditional discharge results from prosecution and conviction, which the Army doesn't like.
It would only be a conviction if he does it again and receives a punishment. More correctly, the conditional discharge comes as a result of being found guilty but a punishment is considered inappropriate for a first-time offence. Essentially, "I'll let you off this time but next time you'll get hammered for it".

It sounds as if the OP wasn't paying attention in court so could have the mistaken impression that he can get away with at least one of the offences if he does it again. The OC's warning may well be of benefit to the OP.
 
However I’ve still be placed on an OCs warning for the charge that I was never prosecuted for.
In the good old days, this used to be called a Gypsy's Warning - Extract your finger.

I’m getting pretty ganged up on at this point for something I’ve not even been done for
Stop being a wet drip. You are not getting ganged up on. You are being guided towards acceptable behaviour, landing in Court is not acceptable behaviour.

I’m wondering what sort of legal standing I have to fight back
Dry your eyes and drop the Barrack Room lawyer sh!te or get out, or you will really experience what being ganged up on is like.
 
The clue is in the name. A conditional discharge is a discharge with conditions attached. Those conditions normally include the fact that you will be punished for the offense if you commit another offence within a time period set by the court - I am pretty sure the maximum time period they may set is 3 years.

So yes you have effectively received a sentence of sorts - think of it as probation without having to visit a probation officer, that and the fact that the court knows the army will slap you.

You have to keep your nose clean for the time period set by the court, or you will receive a sentence that takes into account the first offence and the subsequent offence.

Yes the old man is legally justified in giving you a slap for being a ********.
 
It would only be a conviction if he does it again and receives a punishment. More correctly, the conditional discharge comes as a result of being found guilty but a punishment is considered inappropriate for a first-time offence. Essentially, "I'll let you off this time but next time you'll get hammered for it".

It sounds as if the OP wasn't paying attention in court so could have the mistaken impression that he can get away with at least one of the offences if he does it again. The OC's warning may well be of benefit to the OP.
No, it is a sentence imposed following a guilty finding. It also results in a conviction which will be recorded on PNC.
If the offender is convicted within the period specified they can be dealt with for the breach of condition and re-sentenced.
 


  1. Discharge â this is when the court decides that given the character of the offender and the nature of the crime, punishment would not be appropriate. There are two types of discharge:
    1. Absolute discharge - no further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent. The offender will receive a criminal record.
    2. Conditional discharge - the offender is released and the offence registered on their criminal record. No further action is taken unless they commit a further offence within a time decided by the court (no more than three years).
 

ericferret

War Hero
Pal of mine had just joined up but not started training in 1972.
Got involved in hi-jinks with a car. An army officer attended court with him as he faced two counts on each of seven charges.

Fined £14, a pound count!!!!.
 

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