Soldier Avoids Service Detention Following Criminal Damage Conviction

Patrick Boyers and Daniel Christian were instructed to represent a serving soldier (Spr) charged with criminal damage in front of the Court Martial, where the value of the damage exceeded £5000.

At the point of instruction, the case had already been ongoing for around a year. The uncertainty of the proceedings had taken a considerable toll in our client’s well-being and morale. He had reached the point where he had applied to leave the Army and wanted to bring the matter to a conclusion so that he could move on with his life.

The client was particularly concerned about the prospect of a sentence involving detention at the Military Corrective Training Centre (MCTC). Given the value of the damage and the applicable sentencing guidelines, a period of service detention was a very realistic possibility.

We worked closely with specialist Military Counsel to prepare the case for sentence. Attention was given to the prosecution’s categorisation of the offence and to the personal circumstances of the Client.

At the sentencing hearing, we argued that the case should be approached differently from the way advanced by the prosecution. We submitted that, in light of the specific facts of the offence and the client’s individual circumstances, a period of service detention was neither necessary nor proportionate.

The Judge accepted those submissions. Despite acknowledging that the Client had provided references evidencing that he was been a capable and well-regarded servicemen, the Court concluded that dismissal from service, together with a substantial financial penalty, was the appropriate outcome.

The clients avoided a sentence of service detention and was able to leave the army and pursue the next stage of his life without spending time at MCTC.

Outcome: Fine and Dismissal from service. No service detention imposed.