RMP Investigation procedure

Discussion in 'AGC, RAPTC and SASC' started by Castleview, Dec 11, 2010.

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  1. Hi, I'm just looking to find out the procedure for a "standard" (if there is such thing) RMP investigation into a crime, for example an ABH on a soldier by another soldier. Bening a civvy detective roughly it would be:
    1. Crime report taken
    2. Statements from victim/witnesses
    3. CCTV/other outstanding evidence
    4. Arrest of suspect
    5. Interview
    6. Bail pending advice from CPS re. charging decision
    7. Suspect returns on bail, charged with offence and bailed to next available court slot.
    8. Guilty plea at court or trial date set
    9. if found guilty, sentence handed

    Sensible and not so sensible answers requested!
     
  2. 1. Offence occurs - In this case ABH which under AFA06 is a schedule 1 Part 2 offence.
    2. Investigation in undertaken on request of CO/discovered by RMP and then probably including the following: Statement of complaint, Witness statements, CCTV, arrest + interview of suspect (to name a few basic investigative procedures). The suspect would then receive a referral if evidence dictates in interview after caution; in the case of ABH the case would be referred to CO but he must take advice from SPA if, in fact, he can deal.
    3. Summary dealing or CM - Prosecution, acquittal or no case to answer.

    In a nut shell.
     
  3. Is their a provision under army law for army personel to give statements, or it their choice whether they give an evidential statement or not?
     
  4. No, squaddies fall under Sect 9 CJA 67 like their civilian counterparts. If they don't provide a written statement then they can / will be called to provide their evidence in person, in court.
     
  5. Does this happen for volume crime cases though? I understand the provision of section 9 but have not witnessed it used even in section 51 cases?
     
  6. I've not really seen this legislation applied to the Service Disciplines Acts to be honest.

    Crown - Court Martial

    Magistrate - CO's Summary Dealing

    I've yet to see a case where a witness is made to give evidence to a CO's Summary Dealing, but I'm sure the precedence has been set TBH.
     
  7. Thanks for your replies, very informative
     
  8. Here you go...'grossly exaggerate the circumstances of the case/level of injury in an attempt to get the SIB to take it off your hands'.
     
  9. We'll put that between points 4. & 5. then. Cant blame the youngsters for trying though
     
  10. Saw nuffing gov, next fing he was at the bottom of da stairs asleep like wiv blud an evryfing.