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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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After a soldier has been cautioned civil offence in court,

Resolved Question:

After a soldier has been cautioned for a civil offence in court, will the court inform the army of offence.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

A Court won't offer a caution as punishment. Are you sure that is what it was?

Customer:

my son is a soldier who got arrested for possesion of a class a drug. he has been cautioned by police and has to go to court

Alex Watts :

I don't think that can be right. He will either be cautioned by the Police or he will have to go to Court. It can't be both

Customer:

he will have to go to court he informed the police he was in the army

Alex Watts :

Ok.

Alex Watts :

The Court won't inform the army

Customer:

will the police inform the army

Alex Watts :

No

Customer:

even if he is guilty

Alex Watts :

Correct

Alex Watts :

It will just be registered against his name on the Police National Computer. But the Court will not inform anyone

Customer:

the police suggested that they would inform the army the incident happened over a week ago, and he is due in court in 3 weeks. so your saying this will be dealt with just by a civil court without the military being informed ?

Alex Watts :

Its a criminal Court. But the Court won't involve the military.

Alex Watts :

You mentioned it was a civil offence. Possession is criminal, not civil.

Customer:

Thank you for your help Alex he had a moment of madness that could result in his dismissal from the Army. If they were aware of it

Alex Watts :

Indeed. The court won't inform them

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes please if he is found guilty of possession of a class a drug as a criminal offence the court wont automatically inform the army

Alex Watts :

Its not automatic

Alex Watts :

So no

Customer:

Thank you for your advice

Alex Watts :

Happy to help. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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