Crown Immunity

Discussion in 'Military Discipline' started by Davetheclown, Jul 22, 2013.

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  1. Simple Question does the Army have Crown Immunity? Reason why I am asking and not going into detail, One of my soldiers has had a problem with another senior and that senior has broken criminal law. That senior is relying on the ignorance of the young soldier to repeatedly get away with the same offence. From my understanding if it is written in UK Law, Armed forces act has to oblige that law to the letter.

    Spoken to someone in the Mess, and his view is that the Army has always done it that way (even though it is wrong) so gets away with it. No one has challenged it, so therefore we can still do it.

    Now for the hard bit, would ALS back my soldier up if he tipped up cap in hand and explained the situation. Could the ALS tell my misguided colleague in the mess to back off you are breaking the law.

    I am not going to be flavour off the month if I walk into his office and point out the error of his ways. He is the old school bombastic shout louder than everyone else type of leadership. I cant be arrsed, with it.

    Can I contact ALS for advice? Never used ALS and would like to know what to do to stop one of my boys being harrassed.

    Cheers, in advance.

    DTC
     
  2. I would say if a criminal act has been committed report it to the RMP. If there is no faith in our monkey friends walk into the nearest police station and report it to plod. We ar not immune from or above the law of th land.
     
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  3. I'm not a lawyer; in your position I would send the soldier to speak to ALS. However...

    Crown Immunity no longer exists. My understanding - if the senior has committed a criminal offence, as you've intimated, then he is liable - although depending on what he/she has done, the MoD as a whole may retain a fair degree of corporate liability as his employers. Playing a game of 'it's always been done like that' or 'what happens in the mess' just sacrifices integrity and moral courage for misplaced loyalty and the path of least resistance.

    Now that's out of the way...what exactly has happened?

    .
     
  4. RMP suck heap big. Use the proper police.
     
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  5. Your a senior and you don't know the answer to this question, what sort of unit to you belong to that has raised you to be so ignorant. Read values and standards.

    After you have done that go to your OC and hand your rank in.
     
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  6. Thats why I offered both options ^~
     
  7. You're a senior asking whether you're allowed to contact the Army Legal Service for legal advice?

    Did you get promoted through some massive Black Death epidemic leaving you as the only Lance Jack left alive?
     
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  8. Nip into the Padre with your Pajamas on back to front and ask for a shot of moral courage
     
  9. 'Suck heap big?' Wow, were you INT CORPS with your mastery of the English language?
     
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  10. Start a facebook page and ask all the kids to vote on it or... give yourself a ******* shake and have some integrity.
     
  11. Crown Immunity went a long time ago. If he is breaking the law and YOU are aware of it you are under an obligation to report it especially as a SNCO? What would happen if this 'victim' suddenly snaps and does something silly ( you know what I mean).

    If you don't want to report it initially to RMP you can report to local plod but they will invariably send it back to RMP to deal anyway if its green on green and no civvy involved. Armed Forces Act 2006 made big changes in how offences are dealt with.
    You can PM me if you want for further info etc. Cheers

    values and standards, personally the offending SNCO sounds like a bullying **** to me and has no place in the Army. If what you say is accurate?
     
  12. If you believe he has broken English criminal law, and you report it to CIVPLOD or the RMP, they will investigate.

    If they feel there's a sensible chance of a conviction, they will prosecute.

    As others have said, I'm not sure why you feel the need to ask the question on here (though I do note the time, and assume that the mess you share with this guy has been open for some hours).

    The fact that the shouty fella wears green changes nothing. And FWIW I'm fairly sure that would have been the case even in the days of crown immunity -- it was the army as an organization that enjoyed immunity, not individuals.
     
  13. Dave, I'm guessing that you have exhausted every opportunity in the mess? Sounds like there is only one bloke complaining about this?

    If the perpetrator is getting towards his or her pension then the changing attitudes in society should not be ignored.

    If legal action is not an option I have heard that some people turn to builders foam up the exhaust pipe. this form of vigilante action is despicable and to my mind should be frowned upon.

    http://www.polycell.co.uk/products/polycell_expanding_foam_polyfilla.jsp



    Shape, Shadow, Shine, Surface, Silhouette , movement.
     
  14. Thanks for the replies,

    Case is now being dealt with, as it was ambiguous until checking it out. As for the ALS never ever met or seen them so dont know what they do. So wanted to check out what the pitfalls are. There are none and the rest of the Mess is onside to sort this bullying C***t out.

    ALS are something that I have never had to use in the past, and time spent on Recce is a good thing.

    I will not go into details, some of which seems petty however can be termed serious to the person involved.

    Thanks for the help offered, not going to hand in my rank slide just yet,

    DTC
     
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