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Sanctions available

#2
Ladies and Gentlemen

What sanctions would be available to a defendant before a DCM if he/she felt that a third party was deliberately bismirching their good name in a manner that would prejudice their obtaining a fair trial?
I don't think the JAG will be reading ARRSE so I wouldn't worry too much Darren.
 
#3
Ladies and Gentlemen

What sanctions would be available to a defendant before a DCM if he/she felt that a third party was deliberately bismirching their good name in a manner that would prejudice their obtaining a fair trial?
In my day, pistols at dawn would have been the way to go. Next time you're wearing full dress, just throw down your gauntlet and demand satisfaction. (Unless you're dealing with one of these sodomites that I hear they've stopped hanging, in which case he may try to get the rest of your kit off and offer you a quickie).
 
#4
Ladies and Gentlemen

What sanctions would be available to a defendant before a DCM if he/she felt that a third party was deliberately bismirching their good name in a manner that would prejudice their obtaining a fair trial?
"Damn your eyes, sir... you're behaving like a blackguard of the highest order" and then throw your drink in his face. I believe that's how you deal with it, of course I may be behind the times.
 
#5
Ladies and Gentlemen

What sanctions would be available to a defendant before a DCM if he/she felt that a third party was deliberately bismirching their good name in a manner that would prejudice their obtaining a fair trial?
If that discussion had included the defendant and his current girlfriend, and consisted of stuff that was already in the public domain, I think the defendant would not only not have much chance of demonstrating that this was prejudicial to his case, but may also find himself up on an additional charge of contempt of court.
 
#6
If that discussion had included the defendant and his current girlfriend, and consisted of stuff that was already in the public domain, I think the defendant would not only not have much chance of demonstrating that this was prejudicial to his case, but may also find himself up on an additional charge of contempt of court.
Fair point there. If your other half can't keep from discussing every single detail of what's going on, then why should anyone else? You can't hide behind the Contempt of Court Act unless you want the other half to get banged up for it too.
 
#7
Ah Snail

The Cranfield graduate?

If you held the Queens Commission as you claim you would know that the Judge Advicate General is only there to advise the President and Members of the Court on matters of law.

Care to PM me your name and address? I feel that there are many matters that we could discuss!
Much obliged
When have I ever said that? You clearly need to do some more research.

If you want my name and telephone number, it's on the bog walls in the Lord Moon on the Mall.
 
#8
Anything that appears on this site is considered to be in the public domain. From what I've read, the comments by your other half may have dug you into a deeper hole than anything anyone else has said.
 
#10
If
There were three articles in the public domain of which only two were published.
The statements which were made on this site were not consistent with the said contents of items on the public domain.
Please review past posts and culpability will be plain to see.
In addition, the plausiblity of contempt of court charges are laughable."
How come I am aware of the rebuttal, and the existence of the other article, despite not having done any snooping myself? I do not need to review posts to know what was said, nor by whom. As for the plausibility of charges of contempt of court, I don't think you are in a particularly good position to assess that.
 
#11
How come I am aware of the rebuttal, and the existence of the other article, despite not having done any snooping myself? I do not need to review posts to know what was said, nor by whom. As for the plausibility of charges of contempt of court, I don't think you are in a particularly good position to assess that.
Care to elaborate on your reasoning for this assertion and state your degree of expertise in the matter at hand and the rules of evidence?
My reasoning for asserting that "I am aware of the rebuttal, and the existence of the other article, despite not having done any snooping myself" is that I knew that there was a third article, and I knew what that article said merely by reading the threads to which you refer.

My reasoning for asserting "I don't think you are in a particularly good position to assess (the plausibility of charges of contempt of court)" is that the appearance you give is of someone who is not fully conversant with the legal process, moreover, in my opinion, the only people who are qualified to make that assessment are members of the legal profession, and as none of those with any sense would open themselves up to the potential career-stopping implications of becoming involved in an imbroglio such as this, can safely conclude that you are talking out of your hoop.
 
#12
Having had a little experience of DCM (I was in front of Bulford DCM a while ago for a very trivial matter which "should have never got that far and extra's would have sufficed" words of the court not mine), and just finished my LLB I like to think I know a little but prob not.

The court will only present the facts of the case in hand, yes character may be brought up in court but it is unlikely that character since the incident will be used as you clearly would be affected by having the prospect of a DCM hanging over your head.

Further to this it is hardly professional practice for the members of the court to base any decision on what they read in ARRSE or overhear. All judgements are based on the evidence presented to the court nothing else.
 
#13
BTW I am not Darren Clark nor do I have any association with this case beyond disgust at the lynch mob mentality of some members of this site..

However, the bullying and vilification that I have seen on the part of some members of this forum is the only time I have ever felt shame at having a past association with the British Army. Please see attached link as an example of the cowardly bullying that has occured:

http://www.arrse.co.uk/naafi-bar/159942-look-****-without-laughing-25.html#post3681629
According to that he's a dirty kiddie fiddler and coward, can you prove otherwise as you don't know him?
 
#14
Oh further to this, you will not really get the chance to speak in a CM your legal rep will do all your talking (so get a good one, mine had just finished in the High Court the week before on a murder case and was epic). If you are to give evidence (which is doubtful) you can not add any statements that are not in the original questions put too you.

I would not get over worried, these guys are fair and take all facts into consideration before passing judgement.

Good luck.
 
#15
Thanks for a perfect example of my point Stacker!

I am sure you are the pride of your regiment!
Whats a perfect example? If he is a dirty kiddie fiddler and coward, whats the problem? The post would only be stating the truth.

Good guess about me being the pride of the regiment though.
 
#18
Get the Court to declare a no fly zone over ARRSE, that's all the sanctions you need these days.

Have you noticed how I don't really take the piss out of you? You wouldn't be able to take it, unlike Crio and you certainly wouldn't be able to come back with a witty riposte.

Ask about taking out an injunction against the media to prevent them putting your name into the public domain for grooming a schoolgirl. Doh! Too late, happened years ago didn't it?
 
#19
Because it said so in the paper. The coppers investigated and decided it was not a police matter!
Have a happy life Stacker!
Thats doesnt mean he isnt a nonce does it? It means the police arent going to do anything about it. Are you sure you don't know the alleged paedo?
 
Z

Zarathustra

Guest
#20
ADL you have a very deliberate posting style, perhaps like a current or former poster trying to disguise their usual style to try and trick the people of ARRSE into believing that you are someone else completely unrelated to the matter in question and just wanted to voice your displeasure to the un-interested membership of ARRSE.

If you are 2 out of 10 must try harder.

If you're not then you are a massive bore and should go away.
 

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