The outcome in court

Discussion in 'Military Discipline' started by Carlsunders, Nov 29, 2012.

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  1. As some of you may remember, i said i had to appear in court soon.

    Well is is finally done, when i got to court though, they informed me the charge had been changed to a section 4! I was not impressed about that and thought i was in for it for sure!

    Anyway, long story short, i pleading guilty and given a 12 month unconditional discharge, so my understanding is that as long as i dont reoffend within 12 months then all is good.

    My OC has told me i will be getting charged by the army pretty soon, am i right in believing that i will be charged with bringing the army into distrepute?

    I am currently only an acting CPL due to not completing JCLM yet, (January) so my sub rank is clearly LCPL

    Considering the outcome of the section 4 (plus court costs of £100) what is it from here the army will likely do, i know there are many options open to them, but has any one had previous experience with this?

    All feedback will be apprechiated, as always.
  2. Your circumstances will be different from everyone else's so it would be like comparing chalk & cheese. Read AGAI's to see what options are open to your CO and try hazarding a guess to the likely outcome.
  3. Depends on what you were convicted of?
  4. I would reckon a Career Check is a possible. Don't expect promotion for another 12 months.
  5. How is the army allowed to punish you again. Surely you've been to court and been sentenced, that should be then end of it. Any solicitors/barrack room lawyers able to give any law/right where the army has no right to punish you for the crime twice.
  6. If I were to be charged with something that I had already gone to court for, and been punished for, I'd elect courts marshal.
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  7. You will only get agai action because you attended Court and bringing Army into disrepute.

    check Agai67 to see what action will receive?
  8. I agree with PA, if it were me I'd elect Court Martial and get myself a decent lawyer.
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  9. Long time since I was in the mob but I am aware that in civi street, an employer can take disciplinary action against an employee if they are facing charges that might have a bearing on their employment.

    They can also sustain any action taken against an employee even if the employee is find not guilty in a court of law.

    Of course none of that is applicable to what's being considered here in a military context but there are some similarities?

  10. I’mwith PA on this also. Tell them to do one. They may try to bring up some other charge and pretend it is unrelated.

    But for **** sake don’t take legal advice from anyone on the internet.

    Talk to a solicitor that deals in military law (See Soldier mag). In any further discussions with the your CoC let them know that you are doing so, the chances are the charge will go away.
  11. He's not being charged with the same offence.

    He is being charged with a seperate military offence that he will have deemed to have committed on conviction in civil court.

    I think Section 70 of the MML applied. This has been replaced Blythe Manual of Service Law.
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  12. good call. politely state you have sought legal advice (and follow it through...) and try your hand. A brief may cost you a few hundred quid which is small beer when he stops your career going south. A outcome which may take you a couple of years to recover from.
  13. I'd be very careful about going the CM route. IF you're going to be charged with the same offence (which I very much doubt), then the advice some are giving here to go CM may be best for you - back it up with professional advice!

    I'm with dingerr on this, though, and if you are being charged with bringing the Army into disrepute (far more likely), then I would be inclined be contrite, accept your award and crack on. Again - take advice from a professional if you're thinking of going CM.
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  14. Surely this will now be dealt with via AGAI, and not further criminal (albeit military) proceedings? You cannot in law be charged/tried/convicted of the same offence twice.

    I understand AGAI is the norm, and you might be looking at major rather than minor action.
  15. @ the OP

    Speak to your SSM/CSM and ask what you can do to demonstrate you are still a capable NCO and that you want to make amends to the Army and prove your worth. Take any shitty jobs going, look for their shitty jobs and do them without being asked. Best of all identify a job that will need a few extra bods, lead them and get it done.

    Failing that get yourself in a position so you can't get bust - An Ammo Storeman has to be an NCO. No one wants to do the job or the course and both are ******* easy.
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