Newbie query from a novel writer

Discussion in 'The Intelligence Cell' started by DerekT, Jun 10, 2010.

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  1. Hello, I'm writing a novel (or 2) and I'd like to make a scene as realistic as poss, with your help.

    I have an ex army captain back on a base (he now works for Intell) and he's picked up by the MPs.

    If he were to be charged with something (from his past), what's the procedure? In civvy street, he'd be asking for a call to his solicitor but how does it work in the army?

    Thanks in advance for your help.

    Derek
    earthlight@btinternet.com
     
  2. I've never known a solicitor to be used in the army! I think you have to defend yourself! Unless it's a charge by the Corporal Major (SCM to others) then it's best to let him just hit you in the stomach and get it over and done with!
     
  3. I agree, that's my prob!

    I want to include some dialogue but I don't know what my bloke should be saying to the MPs. I didn't know if you had a 'prisoner's friend' option or whether there's a formal representation process.
     
  4. DerekT
    I sent a PM earlier but would advise you to contact the local RMP Garrison Detachment or alternatively, the SPS Amy Legal Service that may be able to shed light onto this. There is a declaration made by all soldiers with regards to Rehabilitiation of Offenders Act that would take into account all and any spent convictions. If this is from say a Police Enquiry, I would imagine that at a Commissioned level it would go straight to the CO or Brigade Commander of that District/Region. In my own experience, I have only ever "tapped the boards" in front of my OC Sqn but did have the honour of being roasted by then CO who then promoted me ...
    There is no real "prisoners friend" at this stage.
    The next bit is either accepting the "award" or indeed, it being escalated to courtsmartial but at that stage, I have no real steerage to provide except the above. Even a local TA RMP may be able to advise.
    Good luck.
    MN
     
  5. It's known as 'int' in the British Army, 'intel' is a vulgar Americanism...
     
  6. Thanks for the tip. :D
     
  7. Do you mean he's working for MI5 or MI6? And he didn't declare it during his vetting process? That's a tad naughty!

    It will also depends on whether the "something from his past" is a military offence contrary to the Army Act or whether it is a criminal offence. If it were the latter then one would expect the matter to be handed over to the local police force (who would have jurisdiction) to be investigated, with the CPS having the decision whether to charge.

    If its a military offence, you'd have to decide what it was exactly that the Monkeys - er I mean RMP - were getting their knickers in a twist over, and the level of response that would be necessary. You'd need to understand the process of decision making as to whether to bring a charge also (its changed as a result of various challenges under the Human Rights Act in the 1990s, and I'm out of date on it, I'm afraid).

    I'm presuming that it would have to be a pretty serious offence if they are picking up an ex Captain for it some years later, otherwise I'd have thought they wouldn't bother. And then if that were the case he'd get a solicitor in pronto from the very first moment.
     
  8. Thanks all,

    That's been really useful.

    Derek
     
  9. Ex anything wouldn't be dealt with by RMP. He would be interviewed by Ministry of Defence Police with the agreement of the local Home Office Police depending on the offence. RMP are a reporting Agency and would provide evidence and assistance. RMP don't have the powers of a constable so wouldn't deal with a Civi in the UK. Depending on the offence you ex Capt would be dealt with in a Magistrates or Crown Court. If the Base is abroad this opens up another angle dependent on his status. ie If he is subject to Military Law or not as a member of the Civil Service etc
     
  10. Can't wait to read the acknowledgements and credits at the start of this baby.
     
  11. Gremlin

    Gremlin LE Good Egg (charities)

    I would bother reading the rest of it though, if this thread is anything to go by.

    Intell; a book about badly spelt central processing units!
     
  12. Auld-Yin

    Auld-Yin LE Reviewer Book Reviewer Reviews Editor

    Derek - sent you a PM, please check.
     
  13. Not sure if I am reading this wrongly but we had a guy court martialled on a rape charge once and he demanded a barrister defend him. One was sent out to Germany at Government expense and he was found not guilty.

    Vague memories as it was 1974 ish but think this guy tied the military "legal eagles" in knots.

    Obviously I don't think requesting a barrister if on CO's orders would go down too well.
     
  14. CO's Orders is effectively magistrates, Legal Representation is allowed though it rarely happens