Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 8 – Sentencing Powers and Mandatory Etc Sentences
Chapter 7 – Court Orders Other Than Sentences
Order for parent or guardian to enter into recognizance
Section 236: Forfeiture of recognizance

471.This section allows a recognizance to be forfeited if the offender commits another service offence during the period of the recognizance. Provided that the parent or guardian is still subject to service law or a civilian subject to service discipline, the Court Martial or the SCC on convicting the offender of the new offence can require the parent or guardian to pay any sum up to the full amount of the recognizance, or remit that amount.

472.When declaring that a recognizance is to be forfeited, the court can make an order under section 251 allowing the parent or guardian time to pay, or directing that he pay in instalments.