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shiny_arse
SAS Inspector
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Sure those with more time in the bother than me can point you in the right direction, but I was always under the impression that the military can do you as well - bringing the RAF into disrepute and all that.
J
Justacabbie
Guest
Yes you can, though you cannot be charged twice for the same thing (ie once by civil court, then same charge by the RAF) They can, however charge you under section 69 of the Air Force Act 1955, which is a section of Air Force Law covering discipline, including bringing the Air Force into disrepute. It is most likely to be this that you'll be charged under which is usually dealt with summarily by your boss, depending on the severity of the civil charge, but capable of going as far as a court martial.
Heres the extract
69 Conduct to prejudice of air-force discipline
Any person subject to air-force law who is guilty, whether by any act or omission or otherwise, of conduct to the prejudice of good order and air-force discipline shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
Hope this helps
Heres the extract
69 Conduct to prejudice of air-force discipline
Any person subject to air-force law who is guilty, whether by any act or omission or otherwise, of conduct to the prejudice of good order and air-force discipline shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
Hope this helps
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I have always been to understand that if you are in that kind of position, you are to make your P1 staff aware of what has happened, Depending upon what you have been cautioned for etc depends on what action/s are taken at station level. This is only what I have gleened from SRO's here at my Hilltop Hampshire Headquarters Base.
End of the day better to make people aware of the facts, rather than being bitten on the "Harris" later on
Rgds
Zofo
End of the day better to make people aware of the facts, rather than being bitten on the "Harris" later on
Rgds
Zofo
Bottom line is that it depends on the offence. Whatever, you should inform
P1 as it is usually an offence not to. At that time they will be able to advise.
J
Justacabbie
Guest
Dont forget your right to silence! Its your best defence! Do you mean the RAF coppers? If you have been charged by the civil police and found guilty by a civil court its not up to the RAFP to investigate, after all its already been investigated by the civil police. You have to report it to P1 who will contact the legal beagles and decide if a charge under S69 is appropriate. Saying nothing to the RAFP is best course of action IMO.
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Cheers mate. Not been actually accused of anything right now and been called in to speak to MOD police (there are no RAF Police at my unit) today to 'give your side of things' about something, with a view to prosecution.
Have spoken to a couple of people regarding the original offence and am fine with my own course of action there, was just curious about other possible action in future, especially considering I am guilty.
Studley dangerfcuk
Flight Sergeant
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Just had "Issues" with CivPol myself (All cleared up now thank god) and had a read up about who to inform when. You only have to inform P1 if you're actually charged with an offence, even if you're arrested for questioning but not charged then you don't need to inform them. I would however inform someone you trust in your CoC straight away so that if it hits the fan you've got support straight away.
Good luck
M
MyShineyAr$e
Guest
Right then, please forgive me, I may be a bit rusty as I left the P1 world 3 years ago.
If you are convicted of an offence in a civilian court you will not be charged under military law. In increasingly rare circumstances the CivPol can defer primacy to the ModPlod where you would be taken care of under military law.
You can and probably will be, dependant on the offence, be subjected to formal administrative action, which can range from Formal Warning to Adminstrative Discharge. Obviously the severity will depend on what you've done.
If you are sentenced to any form of imprisonment you will almost certainly be discharged at the earliest opportunity as the Air Force will not tolerate airmen who are awarded custodial sentences (not to be confused with detention under military law).
Like I say, may be a bit rusty, but if my memory isn't completed addled by square bashing I think I might be in the right area.
If you are convicted of an offence in a civilian court you will not be charged under military law. In increasingly rare circumstances the CivPol can defer primacy to the ModPlod where you would be taken care of under military law.
You can and probably will be, dependant on the offence, be subjected to formal administrative action, which can range from Formal Warning to Adminstrative Discharge. Obviously the severity will depend on what you've done.
If you are sentenced to any form of imprisonment you will almost certainly be discharged at the earliest opportunity as the Air Force will not tolerate airmen who are awarded custodial sentences (not to be confused with detention under military law).
Like I say, may be a bit rusty, but if my memory isn't completed addled by square bashing I think I might be in the right area.
M
MyShineyAr$e
Guest
Whilst you may be technically correct, I would totally advocate informing them anyway. P1 are not Prosecution, Judge or Jury. They are impartial and a good P1 office will be able to give you sound advice and probably put your mind at rest if you are worried.
The last thing you would want is for the CivPol or anyone else calling the unit and catching them cold. It would definitely help if P1 actually had an 'informal' knowledge of anything important.
Nobody, it's a Health and Safety offence. Will explain a little further once I've done my bit with ModPlod this afternoon.
My chain of command are all fully aware of the situation and I'll be keeping them fully informed of any developments.
I'm probably worrying over very little, but when ModPlod call asking for an interview and start mentioning 'summonses' and 'explaining yourself to a judge', one does get a bit worried.
Very threatening language considering it wont be their decision to go ahead with a prosecution and they haven't even questioned you yet!
Well that was fun.
Attended my voluntary interview just now.
Once we'd got the usual stuff out of the way and they had explained what they were investigating, I told them I wasn't answering any questions and handed them a piece of paper detailing my side of things. Once the copper had read it aloud I requested the interview be ended.
It's now up to the CPS if they want to prosecute me for covering up a fire sensor in my room with a sock.
Attended my voluntary interview just now.
Once we'd got the usual stuff out of the way and they had explained what they were investigating, I told them I wasn't answering any questions and handed them a piece of paper detailing my side of things. Once the copper had read it aloud I requested the interview be ended.
It's now up to the CPS if they want to prosecute me for covering up a fire sensor in my room with a sock.