ATRA discipline guidance
1. GENERAL
Within ATRA it is essential that staff maintain
the highest standards of discipline and behaviour at all times.
Discipline is to be enforced using only:
(a) The Military Justice System. Disciplinary
action, where appropriate, is taken in accordance with the provisions
of the Army Act 1955 (AA 55).
(b) Administrative Action. Administrative
action is the way the Army, like any other employer, is entitled
to respond whenever its personnel fail to behave in accordance
with its rules or fail to meet the standards expected of them.
It is to be taken in accordance with the procedures set out in
AGAI 67 (Revised 2005).
2. ROUTINE CORRECTIONS,
REMEDIAL TRAINING
AND ADMINISTRATIVE
ACTION
In the course of training soldiers it is important
to understand that an individual cannot be expected to attain
a standard of professional military behaviour until he or she
has been fully trained to do so. The training in question will
vary but may include bearing, turn-out and fitness or a sense
of mental alertness and team spirit. In the course of this training
it will be necessary provide a series of checks when individuals
fail to conform to the standards that are required. This must
be a just and logical process as follows:
(a) Teach. The required standard of
military behaviour is taught to the soldier.
(b) Correct. If at first an individual
demonstrates that he or she has not absorbed the training or
if they stray from the normal course of disciplined military behaviour
then a correction in the form of a simple verbal correction or
where appropriate minor informal rebuke will be necessary. Where
an individual or individuals are idle or inattentive then an immediate
correction in the form of a brief period of physical activity
such as press-ups or a short run are appropriate. However, it
must be remembered that this is a correction and not a punishment.
The aim must be to motivate the individual in an appropriate way
so that his or her conduct or performance improves. Any correction
in the form of physical activity must be carried out within the
following strict limitations:
(a) Short runs of no more than 200 metres.
(b) Repetitive exercises eg sit-ups (max 15),
press-ups (max 10) in one session.
(c) The physical activity must never take place
at a time when it might impair the individual's performance in
training, such as immediately before or during a range practice.
(d) The activity must not be repeated within
a 45 minute period. If, despite correction, his or her performance
continues to be unacceptable then minor administrative action
is appropriate.
(c) Remedial Training. Remedial training
will be necessary when despite having been corrected an individual
continues to fail to demonstrate the professional standard required.
Remedial training must always be reasonable, appropriate and corrective
in nature. Therefore, in cases of poor turn-out or neglect of
equipment an extra kit inspection would be appropriate. Remedial
training is to serve only as an immediate restorative check on
a single failing of individual performance or behaviour. It must
never be imposed in a way that might humiliate, victimise or impose
physical pain or harm on any individual. The defence guidelines
for the use of remedial training are attached and a system for
recording the award of remedial training is to be established.
(d) Minor Administrative Action. Should
an individual consistently fail to demonstrate the required standard
of professional military behaviour after appropriate training
because he or she chooses not to do so, or is negligent, then
minor sanctions within the guidance of AGAI 67 will be appropriate.
The regulations are comprehensive and must be rigidly adhered
to. The entire process for the award of minor sanctions and recorded
oral warnings must be recorded. The detailed procedure to be followed
is given at Annex C to AGAI 67.
(e) Major Administrative Action. Major
administrative action will be taken for more serious failings.
The details of the action to be taken in cases requiring major
administrative action are given in AGAI 67.
3. DISCIPLINARY
ACTION
Disciplinary action is taken in accordance with
the provisions of the Army Act 1955 (AA 55).
(a) Punishments. The punishments that
may be awarded for disciplinary offences are listed in the Army
Act 1955 and Queen's Regulations. The delegation of disciplinary
powers by Commanding Officers to Subordinate Commanders is governed
by the Custody and Summary Dealing (Army) Regulations (CSD(A)R)
2000, Regulations 8, 9 and 15. No further delegation is authorised.
Unofficial punishments are not to be awarded.
(b) Disciplinary Chain of Command.
Disciplinary matters are to be dealt with through the Regional
Chain of Command. HQ ATRA is to be informed of all serious disciplinary
cases that relate to the function or image of ATRA and of any
cases that might arouse media interest. Updates on progress are
to be passed to RO2 G1/MS.
4. COLLECTIVE
PUNISHMENTS
It is an abuse of power to punish anyone for
something they did not do. It follows that collective sanctions
are only permitted where the complete group committed the misdemeanour.
5. ILL-TREATMENT
Allegations or reports of ill treatment are
to be investigated immediately. This includes allegations of inappropriate
behaviour such as Discrimination, Bullying and Harassment. An
explanation of what is considered to be bullying and harassment
is given at Annex M to AGAI 67 and the "Conduct & Behaviour"
section of this handbook. Discrimination is covered in the "Equal
Opportunities and Diversity" section. The unit is to maintain
a record of unsociable behaviour (bullying and harassment) and
report all incidents using TAFMIS. This is to include all allegations,
whether they are substantiated or not.
6. FAIRNESS IN
DEALING WITH
ALLEGATIONS OF
ILL-TREATMENT
Ill-Treatment within training establishments
is unacceptable and there are comprehensive guidelines for dealing
with allegations at Annex M to AGAI 67, which must be followed.
Nevertheless due to the nature of the task and the initial lack
of understanding of military discipline by recruits, it is possible
for them to confuse rigorous but fair training with ill-treatment.
COs of Training Establishments dealing with such allegations must
therefore take particular care, while taking whatever action he
considers necessary to separate alleged offender from victim,
also to protect the rights of those accused.
7. DRUGS
The Army Policy on Misuse of Drugs is contained
in AGAI Vol 5 Instruction 004. The policy recognises that before
joining the Army, recruits may well have used drugs and accepted
the drugs culture as an ordinary way of life. The fact that drug
misuse is illegal is generally overlooked, and it may come as
a surprise to recruits that drug misuse is not tolerated. Early
in their training recruits need to understand Army policy on drug
misuse and the responsibilities of being a soldier are very different
to those of being a civilian. The ATRA policy on drugs therefore
is:
(a) All recruits are to be made aware of
the penalties of drug misuse early in their training in accordance
with Annex B to AGAI Vol 5 Instruction 004.
(b) Those concerned with training recruits
are to be fully conversant with Annex C to AGAI Vol 5 Instruction
004.
(c) All recruits should undergo CDT between
weeks five and eight of their training. Those who prove positive
will not automatically be discharged but COs are to make a decision
based on the recruit's performance and any other relevant factors.
(d) If at all possible all Ph2 trainees will
undergo a CDT during their Ph2 training.
(e) PS, Ph2 and Ph3 trainees are trained
soldiers and normal Army rules apply.
8. ALCOHOL
Misuse of alcohol among Service personnel remains
a serious problem. Recruits and trainees must be educated to recognise
that excessive drinking is both unprofessional and dangerous.
The consumption of alcohol by trainees is to be strictly regulated.
COs are to produce a statement of the policy and associated regulations
for the consumption of alcohol within their unit and are to deal
severely with incidents of misuse of alcohol. In addition all
commanders are to take particular care to control any occasions
when PS and trainees drink together to ensure discipline and respect
are not undermined.
9. NEGLIGENT
DISCHARGES
Commanding Officers are to be aware of the policy
on Negligent Discharges (ND) issued by HQ Land in LANDSO 3201.
That policy was derived from the operational standards required
and was written for trained soldiers. Recruits are not classed
as competent with a weapon until they have passed the relevant
WHTs.
(a) Punishments. PS and Ph 3 trainees
are all trained soldiers. The guideline for a first offence for
a trained soldier is a fine equal to the offender's basic pay
for 14 days. For recruits and even Ph 2 trainees COs may be more
lenient depending on the circumstances of the case.
(b) Reporting. All NDs are to be reported
on the ND Report Form 0011 contained in A&ER Vol 2 part 8
sect 5. This should be completed and sent to the local ATO.
10. SOCIAL MISCONDUCT
The Armed Forces Code of Social Conduct explains
the Services' need for standards of social behaviour, which are
more demanding than those required by society at large. For most
recruits and trainees ATRA PS are the first regular servicemen
they will have met, consequently they are expected to set an example
in this regard. COs are to deal with all instances of social misconduct
strictly in accordance with AGAI 67.
11. SEXUAL RELATIONSHIPS
BETWEEN STAFF
AND TRAINEES
Within ATRA units sexual relationships between
a member of the permanent staff and any recruit or Ph 2 trainee,
whether consensual or not, is not acceptable. This is to be published
in Unit Orders and any contravention is to be dealt with seriously
and is likely to result in the instructor being removed from post.
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