If you are in the Armed Forces, it is possible that you could face administrative action via an AGAI (Army General Administrative Instruction) 67 if your conduct is deemed to be below the expected standard. Although this differs from disciplinary action, it can still have a serious impact on your military career if the procedure is put into place. If you are in the process of facing an AGAI 67, it is essential that you receive expert legal advice at the first instance. At Cartwright King, our solicitors are available to advise you from the onset and guide you through the legal proceedings where required.
Free initial telephone consultation
Our highly skilled Military Solicitors team are here to take the worry off your hands. We can provide an initial telephone consultation to see how we can assist in your case. For more information, please call us on 0808 168 5550 or email email@example.com.
AGAI 67 and the law
An AGAI 67 is essentially administrative action that the Armed Forces use to enforce the rules, values and standards that are expected of all of their military personnel. In order to determine if somebody has fallen below these standards, a Service Test will take place which asks the following question:
‘Have the actions or behaviour of a Service person adversely impacted or are they likely to impact on the efficiency or operational effectiveness of the Service?’
If it is found that the answer is ‘yes’, then Administrative Action will take place as a form of punishment and rehabilitation in order to correct any professional failings. This is essentially used by the chain of command to safeguard or restore the overall operational effectiveness and efficiency of the Service. This administrative process therefore involves the following:
- Sanction and review
If you feel that this administrative action is unwarranted and therefore wrong, you are entitled to submit a service complaint, seeking redress of individual grievance.
Is there a difference between administrative and disciplinary action?
In these cases, it is important to know the difference between an AGAI 67 and disciplinary action. According to the MOD, disciplinary action should be enforced where an offence has been committed whereby it is deserving of the consequences of the application of Service law and where an individual should be punished if found guilty.
Alternatively, administrative action is used to rehabilitate those who have not performed their respective job role/tasks to the desired standard and are therefore not used for criminal matters. However, exceptions can be made whereby it would not be appropriate to use administrative action for repeated mistakes such as repeatedly being late for duty. In this instance, it may be deemed that disciplinary action could be more appropriate.
The chain of command must therefore exercise their powers of authority appropriately and effectively in the context of the offence/misconduct and the operational circumstances. Although administrative action may be put into practice, if the circumstances are more serious there is nothing stopping it escalating to disciplinary action if deemed necessary.
What punishment could you face?
If an AGAI 67 is enforced, the punishment you could face depends on the severity of the offence(s) that you have caused. You could face anything from minor administrative action in an attempt to improve your performance to the required standard or, in the most serious cases, be removed from the Armed Forces.
If you are facing administrative action via an AGAI 67, it is essential that you seek expert legal advice at the earliest opportunity. Our Military Solicitors are available to assist in your case from the onset and are able to advise you throughout the legal proceedings and represent you in court if required. Additionally, if there are genuine grounds for an appeal they will work with you to make a strong argument for your case.
How can we help you?
If you have been accused of committing a Military related offence, our experienced Military Law Solicitors are available to assist you with your case and advise you through the process. We promise to:
- Advise you throughout the entire process
- Advise you on a confidential basis of any concerns you have
- Represent you in an interview by the military/civilian police
- Prepare and collate any required documents
- Represent you in court if necessary
- Take the worry off your hands
- Argue your case
- Prepare an appeal if necessary
Given the broad area of law surrounding an AGAI 67, we will ensure to correctly identify all of the facts and circumstances and explain them to you throughout the proceedings.
We have extensive experience in successfully defending individuals who are employed by the armed forces.
Why Choose Us?
At Cartwright King, our solicitors understand the stress that being accused of breaking Military Law can cause and the severe consequences for you and your future. We are available to support you throughout the entire process, explaining the likely outcomes and fighting on your behalf.
Given the complicated nature of Military Law and the potential issues that can arise from being affiliated with the Armed Forces, we are able to assist you in a variety of areas. These can include, but are not limited to Military Pension Schemes, Family Law, Mental Health, Court of Protection, Employment Law and Professional Discipline.
How to make contact
If you require legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Military team on firstname.lastname@example.org and we will get back to you as soon as possible.
Our Military Law solicitors can provide advice and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, London Temple, Manchester, Middlesbrough, Northampton, Nottingham, Sheffield and Worcester.