The NDA and Reservists

#1
A contact of mine on another forum is an RNR rating. At a social event on board his unit's establishment he allegedly said something that a guest (also RN/RNR) took offence to.

Now the lad was not in uniform, was not being paid for the event, was not mobilised, but his CO wants to march him to the table to answer to the allegation.

Can he be charged under the NDA? The alleged offence would not be an offence in a purely civilian environment, he says. (Though I can't confirm this).
 
#2
airborne_artist said:
A contact of mine on another forum is an RNR rating. At a social event on board his unit's establishment he allegedly said something that a guest (also RN/RNR) took offence to.

Now the lad was not in uniform, was not being paid for the event, was not mobilised, but his CO wants to march him to the table to answer to the allegation.

Can he be charged under the NDA? The alleged offence would not be an offence in a purely civilian environment, he says. (Though I can't confirm this).
NDA? You're behind the times. Armed Forces Act 2006 now.

Relevant section is...

367 Persons subject to service law: regular and reserve forces
(1) Every member of the regular forces is subject to service law at all times.
(2) Every member of the reserve forces is subject to service law while—
(a) in permanent service on call-out under any provision of the Reserve
Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) or under any
other call-out obligation of an officer;
(b) in home defence service on call-out under section 22 of the Reserve
Forces Act 1980;
(c) in full-time service under a commitment entered into under section 24
of the Reserve Forces Act 1996;
(d) undertaking any training or duty (whether or not in pursuance of an
obligation)
; or
(e) serving on the permanent staff of a reserve force.
It could be under Section d.
 
#3
From what I've been able to dig up it could be something under the Reserve Forces Act 1996 as amended by the Armed Forces Act 2006.

A member of a reserve force (“Aâ€) commits an offence if—
(a) a superior officer (“Bâ€), in pursuance of orders or regulations
under section 4, is acting in the execution of his office;
(b) A’s behaviour towards B is threatening or disrespectful; and
(c) A knows or has reasonable cause to believe that B is a
superior officer.
Section 4, incidentally, relates to the "Orders and regulations concerning the reserve forces", ie their establishment, amendment and revocation.
 
#4
The good old catch all is still there though...

19 Conduct prejudicial to good order and discipline
(1) A person subject to service law commits an offence if he does an act that is prejudicial to good order and service discipline.
(2) In this section “act†includes an omission and the reference to the doing of an act is to be read accordingly.
(3) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
 
#5
airborne_artist said:
A contact of mine on another forum is an RNR rating. At a social event on board his unit's establishment he allegedly said something that a guest (also RN/RNR) took offence to.

Now the lad was not in uniform, was not being paid for the event, was not mobilised, but his CO wants to march him to the table to answer to the allegation.

Can he be charged under the NDA? The alleged offence would not be an offence in a purely civilian environment, he says. (Though I can't confirm this).

Gotta be our Ja5on..... :roll:

Troop him! :twisted:
 
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