Interesting court martial on the horizon, General in the dock.

But as a civvy, can he not just ignore any notice requiring him to go before a Courts Martial?
To add to the very comprehensive reply below/above from @moderator :
once a charge has been formulated then it has to be served and the accused has to be allocated a Commanding Officer. It is feasible that any person who states they will not attend may be placed in post-charge custody. Admittedly unlikely in this instance, but it could happen.
If the person charged does not appear then a warrant for their arrest can be issued.
 

diverman

LE
Book Reviewer
That was my thoughts, surely once you leave the forces you are no longer subject to military law even if you committed an offence during your service, isn’t he entitled to be tried by a civilian court and the MOD would be required to submit any evidence to the CPS? I don’t know about such matters having never come across it in my time or since. But I’d be interested to see the legalities of it.
2017 case tried before court martial. Sex abuse years ago happened in Berlin. This pos left the RAF in 1995.

 
1985 was the SSgt, held at Trigantel Fort. 1991 was the MMA, Colonel. Long time ago now.
Bodenplatte says in 1985 Andrew walker was the only one since ww2 to have lost his pension.

Sounds a bit like they are Army myths possibly with some confusion over immediate pensions.
 
IIRC, Retired General Officers get Retired Pay rather than a pension.

As for young Nick - I remember him as a young subby, every inch a Gloom. Met him again 30 odd years later and he (then a Brigadier and the ex-guv’nor of 7th Armd Bde) was charming and apparently still ‘going places’. All this business, if true, is very sad indeed.
 
4.2.2 An ex-Serviceman can be tried even having been charged outside this six month time limit but only with the consent of the Attorney General [s 61(2)]. The power is wide but it is unlikely to be exercised unless the offences alleged are serious.
He retired in 2018. On the face of it the amount in question, the alleged offence is not serious.
 

Rod924

LE
Kit Reviewer
Bodenplatte says in 1985 Andrew walker was the only one since ww2 to have lost his pension.

Sounds a bit like they are Army myths possibly with some confusion over immediate pensions.
Looks like you've been at your 'argumentative' juice this affy, so I'll give way to you superior knowledge as you were in then.
 
He retired in 2018. On the face of it the amount in question, the alleged offence is not serious.
The Army always views theft/fraud as serious, Batter someone and get a fine/ROPs. Fiddle the price of a bottle of water on JPA and they start issuing black caps for the judges at the court martial.
 
Looks like you've been at your 'argumentative' juice this affy, so I'll give way to you superior knowledge as you were in then.
Theres are lots of stories from the past based on what someone was told back then. It wasnt as if you had the internet to check if what what you were told was true or not, you just accepted it.

Someone just put up a link to a member of the IRA trying to get his Army pension. Maybe what you were told wasnt 100% accurate.
 
The Army always views theft/fraud as serious, Batter someone and get a fine/ROPs. Fiddle the price of a bottle of water on JPA and they start issuing black caps for the judges at the court martial.
I shot him because I had an honest belief he was a threat. Case closed.

I put in that claim on JPA because I honestly believed it was something I could claim for. Book thrown.
 
He retired in 2018. On the face of it the amount in question, the alleged offence is not serious.
The Attorney General clearly disagrees... perhaps the amount is secondary to fraud involving public money or the fact that a two star needs to be held as an example to others thinking they too will defraud the public purse.

Service Law, according to the JAG encompasses the reduction of Service offences and other crime (including reduction by deterrence)*.

To be a deterrent, offenders have to be tried. Plus as said earlier, this appears to be a cut and dried case in terms of guilt and it will demonstrate that nobody, regardless of high rank, is above Service Law.

* 2.6 The Court Martial, like any other criminal court, is reminded by the judge that any sentence passed is required to be in accordance with sentencing principles, and be proportionate by reference to its main purposes [s 237]:
i. the punishment of offenders;
ii. the maintenance of discipline;
iii. the reduction of Service offences and other crime (including reduction by deterrence);
iv. the reform and rehabilitation of offenders;
v. the protection of the public; and

vi. the making of reparation by offenders to persons affected by their offences.
 
Applies to almost no one

As a general rule, pension entitlements once earned may not be forfeited and the court has no power to sanction forfeiture. However, all Pension Schemes do provide for exceptional circumstances where the Secretary of State may order forfeiture. Such an order may be made where, for example, the Service person is convicted of treason, Official Secrets Acts offences where the sentence is at least 10 years’ imprisonment, and other offences which the Secretary of State considers to have been injurious to the defence, security or other interests of the State (e.g. assisting the enemy, mutiny, desertion in war and grave breaches of the Geneva Conventions)
You omitted the bit about financial loss to the Crown.
 
I am sure he can afford it on his pay and pension.
A pension of a Major General is probably in the region of 50k, if hes guilty I hope he gets pokey.
 
How about a copy and paste of the relevant paragraph?
'The schemes allow for forfeiture if the member has a monetary obligation to the Crown which arises out of criminal, negligent or fraudulent act or omission and arises out of or in connection with service in the Armed Forces. Recovery is possible once the pension begins payment. '
 

diverman

LE
Book Reviewer
A pension of a Major General is probably in the region of 50k, if hes guilty I hope he gets pokey.
If guilty I tthiink that's a certainty. I wonder who else would be on the panel as well as the JAG, officers of equal or senior rank, he can't be tried by the lower orders, can he? His brief is trying to get the charge thrown out but as has been said on here the SPA/CPS must have compelling evidence of alledged wrong doing to proceed with this.

One thing to his advantage they can't do an Admiral Byng on him.

 

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