Potential distrepute. Help please

#1
Ok so I need some advice guys, I am a jnco cpl currently serving and on 9 years service.

Over the weekend I was involved in a argument in a food shop after a night out. This was in civilian attire and no mention of armed forces what so ever.

I hit a guy as I believed he was about to hit me so I acted in self defence. Instantly police walked into the shop and arrested me for an unprovoked attack. As they did not see any threatening behaviour from the other individual.

With all this said the guy did not press charges and declined giving a statement. I was told by my solicitor had I have been a civilian I would of received NFA however due to being army I was to be charged under the public order act 4a and 5. I am to appear in court next week where I am expected to just receive a fine.

So, I know the RMP are going to get involved now, what can they charge me with? Can I be done for bringing the army in to distrepute under these circumstances and what are likely outcomes from doing so?

Really quite worried about this at the moment so any advice is greatly received.
 
#3
Clearly I do, I was just a bit worried about it that's all so was looking for guys experience in these matters or indeed any advice from rmp. To give me a sort of idea rather than waiting weeks with it hanging over my head.
 
#5
Ok so I need some advice guys, I am a jnco cpl currently serving and on 9 years service.

Over the weekend I was involved in a argument in a food shop after a night out. This was in civilian attire and no mention of armed forces what so ever.

I hit a guy as I believed he was about to hit me so I acted in self defence. Instantly police walked into the shop and arrested me for an unprovoked attack. As they did not see any threatening behaviour from the other individual.

With all this said the guy did not press charges and declined giving a statement. I was told by my solicitor had I have been a civilian I would of received NFA however due to being army I was to be charged under the public order act 4a and 5. I am to appear in court next week where I am expected to just receive a fine.

So, I know the RMP are going to get involved now, what can they charge me with? Can I be done for bringing the army in to distrepute under these circumstances and what are likely outcomes from doing so?

Really quite worried about this at the moment so any advice is greatly received.
RMP wouldn't be interested. You may be charged by your OC for bringing army into disrepute...? Take a day off and go to court and tell no ****. It may go under the radar. If RMP were notified they will have had to produce a shadow case file for admin purposes.
 
#6
Yes bodie, the rmp were notified so they are aware I'm going to court. Just don't really know or understand the procedures after court. It will definitely be guilty and I can expect to receive a fine.
 
#8
Cqms, my solicitor today advised me to just plead guilty at court as it will only be a fine for public order. The alledged assault will not be bought up as I am not getting charged with that.
 
#9
DO WHAT CQMS SAYS AND STOP WALLOWING IN ANXIETY!! Now **** off and do as you are told. Oh and stop drinking and go to bed.
 
#10
Get some proper advice as CQMS says. No offence to any fellow ARRSErs but their advice is not worth a tinkers cuss.
 
#12
Do not just take the day off and go to court as was previously suggested, as your name will be passed by the courts to Army legal who in turn will pass it to your regional Bde HQ.
 
#13
You're a Cpl aren't you? Understand about orders? Then do what you've been told!
 
#14
Why would a civvie be allowed to walk away but a soldier charged?

Is it some sort of ConAir legacy where we're classed as lethal weapons?

And why does the scenario sound like the ROE breif from OpTAG?
 
#15
I would get a better solicitor than the duty one with the advice of just accept it, after all depending on the seriousness of the charge/fine/sentence, say goodbye to your job and pension, try a different one for a different opinion, and look around for CCTV if you are telling the truth, but get proper legal advice
 
#16
Couple of years out of the loop on this but it would have been AGAI 67 major sanction. Kiss goodbye to promotion for several years.

Get a good solicitor as surely they have to prove your guilt, and as the victim won't press charges this could / should prove difficult. Sounds like your duty brief is after the easiest way out for himself.
 

Fang_Farrier

LE
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#17
Don't just plead guilty, will bugger up your chances of ever going to Disneyland as USA don't like those with criminal convictions!

Solicters just say plead guilty as it makes their lifes a lot easier.

Other than that, I know nothing about legal shite!
 
#18
if its true what you say dont plead guilty!! why give yourself a criminal record for something that was not your fault. i personally would plead not guilty and ask for a trial-it would be held in a magistrates court and hopefully you can put froward your side of the story and get a not guilty verdict..there is an alternative plea called a mackensie plea where you plead guilty but on the basis of the courts acceptance of your version of the events and would possibly get you a bind over or even a absolute discharge or conditional discharge at worse.there is even a possiblility that when you plead not guilty and ask for trial the cps will drop the case altogether as they wouldnt want to waste court time on such a trivial event.
 
#20
I would go for the not guilty plea. Were there no other witnesses? Could you not "produce" some? What about the staff at the scene?

If the other party is not too bothered then he probably won't even be there, so it will be only your word. Explain the self-defence bit, and that the police were not in a position to see those details. Add about the stress you have been under and the PTSD you suspect that you might be suffering from. Explain how you can't relax properly away from home, you are always tense like a coiled spring and could react immediately to threats against you.

If you just meekly accept this then you will get a criminal record. So contest it and try for the aquital instead.
 
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