Court Action

Discussion in 'Army Reserve' started by SoapDodger2, Aug 26, 2010.

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  1. Am I obliged to tell the TA of any civil convictions that I get during service? My battery has refused any help with my court case because it is a "civil matter".
     
  2. Errr, by civil, do you mean that it is non military?

    If so, is it a criminal conviction (eg Magistrates or Crown Court)?

    Anyway, yes is the answer. I'm confused why you'd want the help of your unit - unless it is military related? If you've asked them for help - surely they know anyway?
     
  3. Mr_Fingerz

    Mr_Fingerz LE Book Reviewer

    If it's a civil court matter (ie the County Court) then it might be best to advise your unit of an impending bankruptcy.
     
  4. msr

    msr LE

    Administrative Action
    3.105. Misconduct. A high standard of conduct is expected of all ranks at all times, both on and off duty. The provisions of AGAIs Vol 1 Ch 67 apply equally to members of the TA and the Regular Army.

    3.106. Values and Standards. The booklet “Values and Standards” (AC 63812) is to be issued to all members of the TA on enlistment. It is to be retained as a personal reference and a reminder of the message it carries. In addition, all officers and warrant officers are to be issued with the Commanders’ Edition (AC 63813). All units are to hold stocks of both these publications.

    3.107. Reporting of Civil Proceedings Against an Officer or Soldier. An officer or soldier against whom proceedings by the civil authority are pending, for any offence, is to report the facts forthwith to his commanding officer, and is also in due course to report the outcome of the proceedings including details of any sentence imposed. This applies whether or not the alleged offence was committed while the individual was subject to Service Law. This paragraph does not apply to minor road traffic offences under the Road Traffic Act unless they result in disqualification.

    3.108. Action Subsequent to a Conviction. When a member of the TA is convicted by a court other than a court-martial, or given a formal police caution, higher authority is to be informed and action taken in accordance with QR(Army), paras 6.178-6.179 and AGAIs Vol 2 Ch 67, para 67.010 as appropriate. (See also para 5.200f.)

    3.109. Procedures after Conviction by Civil Courts. Whenever a member of the TA has been convicted by a civil court, whether at the time of his trial before such a civil court he was or was not subject to Service Law, the clerk of such court or his deputy will, if required, furnish the member’s commanding officer, or any other officer, with a certificate setting forth the offence for which the member was tried, together with the judgement of the court thereon. An application for this certificate is to be made by the commanding officer whenever a member of the TA is known to have been convicted by a civil court. (See Schedule 3 to the 1996 Act.)

    You may also like to refer to section 3.123:

    Reduction in Rank of Warrant Officers and NCOs
    3.123. The Defence Council and officers of the classes mentioned below may order warrant officers and NCOs when not subject to military law (when subject to military law, Section 201 of the Army Act 1955 and Army Order 14 of 1972 will apply), to be reduced in rank as follows:
     
  5. Thanks for the info. The battery are aware because they were informed of my arrest.

    Will the court actually tell them as suggested or is it down to me to pass on the judgement?
     
  6. Yes at magistrates and I asked them for a written character reference and got told to get lost!

     
  7. Hmm, that seems a bit poor form by your unit. It was always convention, in my experience that a Platoon Commander not only provide a written reference/statement of character (invariably positive), but also, wherever possible, accompanied his soldiers to the hearing. This was always irrespective of the soldier's guilt or nature of the crime.
     
  8. The_Duke

    The_Duke LE Moderator

    Quite. The Platoon Commander is then required to check his values and standards at the door before stating that Pte Gubbins is a valued member of the unit, the whole army would cease to function without them and the world would collapse if they were prevented from turning up to the MT sheds. Hopefully the court would then just fine him rather than banging him up.
     
  9. Accentuating the positive needn't involve untruths. Does require require some creative thought and imagination on occasion though.
     
  10. Perhaps the Boss thinks you're a twat and deserve everything that the Magistrate throws at you?

    Just a thought.
     
  11. I had a nice wee 2Lt from the RHF speak for me in court a few years ago.

    It was very nice of him considering I didnt know him from Adam and wasnt even a member of his battalion.
     
  12. If an Officer (or an NCO) allows their personal thoughts or feelings towards a soldier under his command to affect their conduct, then they are a 'twat' and much else besides.

    Are you in the RAF by chance?
     
  13. **** off, I'm RAuxAF and Reg't to boot.
    Show me an Officer or SNCO that has never let his personal feelings influence conduct towards his flock and I've got some magic beans you should buy.
     
  14. Is it something where if the army are seen to support you it would bring the army into disrepute? Eg, You gave a member of an ethnic minority a good kicking, when the police caught you you said im glad I did id and I did it again, before saying Im going to come back with my mates from the Army and kill em all?

    If so I can understand why your unit may wish to distance themselves from you, Or it may just be a case that they can not be bothered to help or as TA soldiers are busy working the day your due in court?

    I dont know :S

    but yes you do have to inform the TA of any convictions including suspended sentences and points on your license.

    So what did you do?
     
  15. Come on Soapdodger2 fess up, what have you done? Or is it too late for you to post as you are currently at 'Her Majesties Pleasure'.

    Stilts