The New AGAI 67 (Training Version)

Discussion in 'Military Discipline' started by Woart, Aug 13, 2004.

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  1. AGAI 67 - Training Version

    A complete rewrite in order to provide the CO with a more flexible discipline system has been developed and endorsed by ECAB. A training programme is due to begin in Sep 04 and the implementation date is 1 Jan 05.

    POC: SO2 Pol (a), AG-HQ-DPS(A)-PS2(A)-SO2 Pol(a), Mil 94344 5945

    AGAI Vol 5: Pt 1&4 Alcohol and Drugs Misuse are in the process of being reviewed and removed from Vol 5 to become AGAI 63 Drugs and AGAI 64 Alcohol.

    Copy of the training version can be found at the link below:


    http://www.army.mod.uk/servingsoldier/termsofserv/discmillaw/current_issues/training_version__agai_67.htm
     
  2. Training us how to drink and take drugs now - what ever next :roll:
     
  3. Find extracts for the type of minor sanctions that can be awarded!

    Minor Sanctions
    7. This section lays down the upper and lower limits of minor sanctions.

    8. Whilst designed to be proportionate, appropriate and restorative, sanctions will be by their purpose, an imposition on a serviceman’s free time. They are not, however to contain any of the following elements:

    a. Unreasonableness.

    b. Public humiliation.

    c. Sustained and oppressive treatment which amounts to or could be construed as harassment, including any form of bullying (see Annex M for a detailed definition).

    d. Sleep deprivation or deliberate infliction of pain.

    e. Work for any benefit but that of the Service.

    Minor sanctions must stand up to public and professional scrutiny.

    9. There may be some instances where the situation dictates that sanctions cannot be completed in a reasonable time due to operational commitments or other reasons; however, the principles of common sense and fairness should be applied.

    10. Sanctions are to be conducted outside normal working hours and should normally be complete by 2300 hours. The CO’s unit orders are to lay down whether weekends or public holidays are to be used. Careful drafting of unit standing orders will be required in training units where the regime is different.

    11. The authorised minor sanctions are:

    a. ‘Show’ Parade

    – A show parade is a restorative and remedial sanction which is performed at a specific time and place as defined in unit orders in order to emphasise good timekeeping to ensure that equipment and clothing is at a suitable state of upkeep and maintenance. No more than 5 show parades may be awarded at any one time. The procedure regulating such parades is as follows:

    (1) Parade to be normally of no more than 45 minutes duration.

    (2) Dress and equipment as directed by the commander originating the award as defined in unit orders, for example; fighting order or Number 2 dress.

    (3) Poor standard of turnout may result in award of ‘show again’ until the standard is met. Failure to attend should attract Disciplinary Action under AA55.

    (4) Skills training and appropriate physical training.

    May be included if the serviceman’s failing warrants it. All training is to be conducted by an appropriately qualified instructor.

    b. Extra Duties.

    Extra duties are remedial with a deterrent element and can range from duty driver, orderly officer, field officer to resubmitting a task that has been poorly completed like a service paper. No more than 5 extra duties may be awarded at any one time.

    c. Regimental Work.

    Regimental Work has a deterrent element and is constructive for the good of the community. Up to 3 periods of Regimental Work may be awarded. There are always jobs to be done in any unit and regimental works parties may be used to carry them out with the following conditions:

    (1) The work must be of a constructive nature for the benefit of the unit as whole.

    (2) All work must be properly led, planned and risk assessed. It is to comply with health and safety regulations.

    (3) Correct tools are to be provided.

    (4) Each period of work may last no longer than 4 hours.

    d. Returned to Unit (RTU).

    RTU is an option available on non-career courses. This can be used, after consultation with the serviceman’s unit, when behaviour on a course is not up to standard. An appropriate investigation and report is to be produced for the serviceman’s CO. For a servicemen on a career course which is mandatory for career development, RTU should be initiated in accordance with the removal from appointment procedures at Annex F. In these circumstances due consideration must be given to the worth of the course to the serviceman and the Army. Normally, a serviceman should only be RTU after being previously warned.

    Absence for up to 48 Hours and Regularisation of Leave

    12. Minor administrative action may be taken for periods of unauthorised absence from duty of more than 4 hours, but no more than 48 hours. For each day or part of day, one day’s leave may be deducted from a serviceman’s annual leave entitlement. This is an administrative way of setting the record straight and regularising the leave account. This should be accompanied by other minor administrative sanctions. This may only be dealt with by a subordinate commander or CO. Detailed guidance for dealing with this particular failing are at Annex J to this AGAI.

    Recorded Oral Warning

    13. A recorded oral warning may be issued without a history of previous minor sanctions, in tandem with a minor sanction, or as the next step after minor sanctions have failed to produce the improvements in performance required. It should be given by a commander authorised to do so in the table at paragraph 18 to this Annex.

    14. The aim of the oral warning is to make a serviceman aware of his shortcomings and advise him as to how he must rectify his behaviour. Doing so in a timely and supportive manner will often assist the younger more inexperienced serviceman to rectify any weaknesses and avoid the need for more formal action. (The imperative must always be to try to modify behaviour in order to ensure that the serviceman is effective and well disciplined)

    15. Requirements.

    The recorded oral warning is to contain constructive and specific advice on conduct and performance and this should be noted on the form at Appendix 2 to this Annex. It should have the following elements:

    a. The serviceman’s detailed failings or weaknesses with examples and dates wherever possible.

    b. Dates and types of previous verbal warnings or rebukes.

    c. The standard of behaviour or performance required and direction on how they are to be achieved.

    d. The date (up to 3 months) by which the serviceman’s performance must have improved and achieved the required standard or, the date on which his performance will be re-assessed.

    e. The possible consequences of failing to heed the oral warning, namely that subsequent administrative action could have significant career implications or ultimately result in termination of service.

    Training Units

    16. The minor sanctions set out in para 12 will apply in training units but it may also be appropriate for a serviceman to be removed to a different training party or ‘back termed’. This decision is one that should be taken by the chain of command and must be designed to allow for the serviceman to correct errors about which he is informed in writing.

    I think this is what the NCO's have required for a long time, can only be for the best.

    Sanctions can be awarded to subordinates from LCpl +.

    Further Info on link below.

    http://www.army.mod.uk/servingsoldier/termsofserv/discmillaw/current_issues/training_version__agai_67.htm
     
  4. AGAI 67 - Training Version

    A complete rewrite in order to provide the CO with a more flexible discipline system has been developed and endorsed by ECAB. A training programme is due to begin in Sep 04 and the implementation date is 1 Jan 05.

    POC: SO2 Pol (a), AG-HQ-DPS(A)-PS2(A)-SO2 Pol(a), Mil 94344 5945

    AGAI Vol 5: Pt 1&4 Alcohol and Drugs Misuse are in the process of being reviewed and removed from Vol 5 to become AGAI 63 Drugs and AGAI 64 Alcohol.

    Copy of the training version can be found at the link below:


    http://www.army.mod.uk/servingsoldier/termsofserv/discmillaw/current_issues/training_version__agai_67.htm
     
  5. If the service discipline acts were sanctioned as being compatible with the Human Rights Act 1998 (which they were under the Service Discipline Act 2000), then why all the big fuss with AGAI 67.

    Unless.......they have realised that there may be some wily trickster not being to chuffed at a biaised trial that is not independant and without public hearing......who might take the hump.

    No... can't be true... let such a claim never be spoken of again.
     
  6. This "Alcohol and Drugs Misuse" thing really gets on my tits. It's not "misuse" - misuse is to use incorrectly (washing your hair with malt whiskey, for example; or trying to snort cocaine up your ear). They mean "abuse" which is to use irresponsibly or excessively.

    I see a few problems with this AGAI 67 Annex C:

    1) What about our increasingly Tri-Service environment? I know for a fact that the RN and RAF have grave doubts over the new powers awarded to NCOs under AGAI 67. Should Army NCOs have powers of discipline not enjoyed by their peers in the other Services?

    2) Take a day's leave away for each day AWOL in cases of short periods of absence? I'm sorry? So a soldier can now bugger off without a moment's notice or filling out a leave pass, remain incommunicado for up to a week and swan back to work suffering nothing more than having it counted as annual leave. Okay, I appreciate that it will be recorded as a Minor Sanction and may be commented upon in CRs and, yes, COs retain the option to apply formal discipline in these cases, but still... it doesn't send a great message.

    I see AGAI 67 (TV) as a reaction to the increasing levels of bureaucracy applied to military discipline. Almost all cases need to be referred to the Service Police; all of those need a PACE interview, with all of the typing and red tape associated with taped interviews, and all of those have to be referred to Legal for advice which can sit in an overworked SO3's in-tray for up to two weeks, significantly affecting the time between offence and punishment. AGAI 67 is supposed to give some "instant justice" back to the process, but perhaps we should really be looking at how mil law is currently administered.

    IF
     
  7. The deduction of leave in AWOL cases on applied if absence was up to 48 hours, after that disciplinary action must be taken. also CO's retain the right/option of taking disciplinary action if absence is below 48 hours. AGAI 67 is giving the chain of command an extra (smaller) stick with which to beat miscreants.

    Ask your toms how they would be dealt with and most will go for for swift justice every time. AGAI 67 gives the Army the disciplinary mechanism available to other employers under UK/EU employment law, particularly the Employment Act 2002.

    A civvy employer can issue a verbal warning, a written warning and then you're sacked. They can also doc your pay etc or change your pay rate in the event of poor performance.

    Remember that custody and summary dealing (CSD)are essentially elements of criminal law. Are you saying that every scrote who rolls in half-cut, late after NAAFI break is a criminal on a par with a thief or assaulter? That's how CSD has to treat them!
     
  8. Not so. Theft and Assault must be referred to the Service Police to be dealt with with the incumbent PACE interviews and referrals to Div Legal. A pissed Failure To Attend can be investigated by the unit without reference to Div Legal.

    However, in the big picture, is a soldier who gets drunk in his NAAFI break and can't turn up on time as big a threat (operationally) as a thief or an assaulter? I would say 'yes'.

    Meanwhile, I agree that AGAI 67 gives a "short, sharp" option for units and it also gives disciplinary power back to the NCOs who need it. But again I say that no thought has been given to Tri-Service units - I am forced to negotiate with RN and RAF legal authorities on my own!

    As for

    Name a single employer other than the Army who can make an employee stay behind past his/her contracted hours to do manual labour. Show me what section of the EA02 allows an employer to make employees show themselves properly attired before their contracted work start time. How many employers have a contractual right to force employees to do unpaid overtime?

    I'm not saying that AGAI67 isn't a good idea. It is, but I'm far from convinced that PS2 has really investigated the legal ramifications of Annex C.

    IF
     
  9. IF Said

    It is my understanding that all Tri - Service Unit come under one of the the 3 services acts, Army Act 1955, RAF Act 1955, Naval Act 1957. I belive your Unit DMSTC, comes under the Army Act 1955, so therefore, cannot this new AGAI 67 be applied to the RAF & RN as well? I know that all service personnel are charged under the AA 1955 which ever service they are in! Perhaps legal can advise! or speak to your Adjt for advise!


    I think you will find that it has been well thought out. This has been in the pipe line now for a couple of years. This revised AGAI 67 was meant to be effective from Apr this year but like most things in the Army was put back, due to legal reviews.


    Please note show parades have been around for donkeys years, most soldiers have had at least one in their life. However, AGAI 67 now makes it legal with guide lines on the award of a show parade and a standard documentation for all Units to use.

    Prior to the revision of AGAI 67 how many soldiers if they wanted to fight the award of a show parade could of with the use of the Human Rights Act articles 5-7 applied to get them off of a show parade. (Now it has become the Armys employment law and most large companies or organisation have an employment law from the FA - BT, TESCO ect.)

    Finally;

    You mentioned in another thread that you teach on the WOMQC, it not AGAI 67 is it, as I look forward to learning more about this subject.

    Thanks

    WOART
     
  10. Name a single employer other than the Army who can make an employee stay behind past his/her contracted hours to do manual labour. Show me what section of the EA02 allows an employer to make employees show themselves properly attired before their contracted work start time. How many employers have a contractual right to force employees to do unpaid overtime?

    All good reasoned argument, Ideasfactory. Show me an employer who will order you to kill another person or order you to expose yourself to people activly trying to kill you.

    We are not another employer and the sooner the politicians and judiciary wake up and realise this, the better. Sadly, i think they're asleep for good.
     
  11. Hmm... Sandline International? Seriously, though, please don't get the impression that I don't like AGAI 67 (TV). I do. It gives summary discipline powers back to the NCOs where it belongs (not that they didn't have it already, but 67 makes it all black and white, which is a good thing)

    But WOART's point about AA 55 illustrates my concerns. Just because a unit comes under the Army Act, doesn't mean that every employee is dealt with as an Army person. On the contrary, all of the Single Service administrative matters are still in force. As AGAI 67 Annex C does not constitute military disicipline, but "administrative sanctions", it isn't covered by the AA55.

    No one has answered my question about approval from the other Services and I know why. Because there isn't an answer. I have phoned the DNLS and asked them and their response was "oh yes, we've seen it but it doesn't apply to Navy personnel". What about RN personnel in Army or Tri-Service units? "Hmm... Don't know about that. What do the Air Force say?"

    Seriously.

    No one seems to think this is a problem ("I'm sure it's all been well thought out...") but just you wait until the first Employment Tribunal...

    IF