Armed Forces Act 2006 (c. 52)

Part 9 U.K. Sentencing: Principles and Procedures

Modifications etc. (not altering text)

C1 Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163

Chapter 2 U.K. Principles and Procedures applying to Service Courts Only

Financial punishments U.K.

266 Financial statement orders U.K.

(1) Before sentencing a person who has been convicted of a service offence, a court may make a financial statement order; but this does not apply to the Summary Appeal Court.

(2) A financial statement order is an order requiring the person to give to the court, within such period as may be specified in the order, such a statement of his [F1 assets and other] financial circumstances as the court may require.

(3) A person who without reasonable excuse fails to comply with a financial statement order commits an offence and is liable to a fine not exceeding level 3 on the standard scale.

(4) A person who in providing any statement in pursuance of a financial statement order—

(a) makes a statement which he knows to be false in a material particular,

(b) recklessly provides a statement which is false in a material particular, or

(c) knowingly fails to disclose any material fact,

commits an offence and is liable to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F1 Words in s. 266(2) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 38; S.I. 2013/2981, art. 2(e)

Commencement Information

I1 S. 266 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 266 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

267 Power of court to remit fine U.K.

(1) This section applies where a court has, in fixing the amount of a fine in respect of a service offence, determined the offender's financial circumstances under section 249(5).

(2) If on subsequently inquiring into the offender's financial circumstances the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a) have fixed a smaller amount, or

(b) not have fined him,

it may remit the whole or part of the fine.

[F2 (3) Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 269A, it must reduce the term by the corresponding proportion.

(4) In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.]

Textual Amendments

F2 S. 267(3)(4) inserted (20.12.2013) by The Armed Forces (Remission of Fines) Order 2013 (S.I. 2013/3234), arts. 1, 2

Commencement Information

I3 S. 267 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4 S. 267 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

268 Order for service parent or service guardian to pay fine or compensation U.K.

(1) This section applies where—

(a) a person aged under 18 is convicted of an offence by the Court Martial or the Service Civilian Court;

(b) he is a civilian subject to service discipline;

(c) he has a service parent or service guardian; and

(d) the court is of the opinion that the case would best be met by the imposition of a fine or the making of a service compensation order (with or without any other punishment).

(2) The court may, and if the offender is under 16 when convicted must, order that the fine or compensation awarded be paid by the service parent or service guardian instead of by the offender himself; but this is subject to subsection (3).

(3) Where (apart from this subsection) the court would be required by subsection (2) to make an order against a service parent or service guardian, the court need not make such an order if it is satisfied—

(a) that no service parent or service guardian can be found; or

(b) that it would be unreasonable to make such an order having regard to the circumstances of the case.

(4) No order may be made under this section without giving the parent or guardian an opportunity of being heard, unless the parent or guardian has failed to attend having been required to do so.

(5) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)—

(a) an order under this section is to be treated as a sentence passed on the parent or guardian for the offence; and

(b) the parent or guardian is to be treated for the purpose of enabling him to appeal against the order as if he had been convicted of the offence by the court that made the order.

(6) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(7) On an appeal against the order the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order.

(8) A parent or guardian is a “service parent” or “service guardian” for the purposes of this section if he is a person subject to service law or a civilian subject to service discipline.

Modifications etc. (not altering text)

C2 S. 268(2)-(4) applied (with modifications) (1.12.2020) by 2020 c. 17, Sch. 10 para. 11A(2)(3) (as modified by 2006 c. 52, Sch. 6A para. 7 (as inserted by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2))

Commencement Information

I5 S. 268 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6 S. 268 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

269 Fixing of fine or compensation to be paid by parent or guardian U.K.

(1) For the purposes of any order under section 268 against the parent or guardian of an offender—

(a) section 249 (fixing of fine) has effect as if any reference to the offender's financial circumstances were to the parent's or guardian's financial circumstances, and as if the reference in subsection (5)(b) to the offender were to the parent or guardian;

(b) section 250(1) (determination of service compensation order) has effect as if any reference to the financial circumstances of the person against whom the service compensation order is made were to the financial circumstances of the parent or guardian;

(c) section 250(2) (preference to be given to compensation if insufficient means to pay both compensation and fine) has effect as if the reference to the offender were to the parent or guardian;

(d) section 267 (power to remit fine) has effect as if any reference to the offender's financial circumstances were to the parent's or guardian's financial circumstances.

(2) Before making an order under section 268 against a parent or guardian, the court may make a financial statement order with respect to him.

(3) In subsection (2) “financial statement order” has the meaning given by subsection (2) of section 266, and subsections (3) and (4) of that section apply in relation to a financial statement order made under this section as they apply in relation to such an order made under that section.

Modifications etc. (not altering text)

C3 S. 269(2) excluded (1.12.2020) by 2020 c. 17, Sch. 10 para. 11A(4) (as modified by 2006 c. 52, Sch. 6A para. 7 (as inserted by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2))

Commencement Information

I7 S. 269 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I8 S. 269 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F3 269A Fines: fixing of term of imprisonment for default U.K.

(1) Where the Court Martial imposes a fine on a person aged 18 or over, the court must make an order fixing a term of imprisonment which the person is to undergo if—

(a) any sum which the person is liable to pay is not duly paid or recovered; and

(b) an enforcement order is made.

(2) The Table in [F4 section 129(4) of the Sentencing Code] (maximum periods of imprisonment for default), as for the time being in force, applies for the purpose of determining the maximum periods of imprisonment that may be fixed under this section for fines of the amounts set out in that Table.

(3) Where the person mentioned in subsection (1) is sentenced by the court to, or is serving or otherwise liable to serve, a term of—

(a) imprisonment,

(b) detention in a young offender institution, or

(c) detention under section 108 of the Sentencing Act (detention of persons aged 18 to 21 for default or contempt),

the court may order that any term of imprisonment fixed under subsection (1) shall not begin to run until after the end of that other term.

(4) For the purposes of references in subsection (3) to a term of imprisonment or detention which a person has been sentenced to or is serving or liable to serve, consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term.

(5) References in subsection (3) to a term which a person is serving or liable to serve are to a term imposed—

(a) by a relevant service court; or

(b) by a civilian court in any part of the United Kingdom.

(6) In this section—

• “enforcement order” means an order under regulations made under section 322 (orders for enforcement by prescribed courts of fines etc);

• “relevant service court” means the Court Martial, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.]

Textual Amendments

F3 Ss. 269A-269C inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c)

F4 Words in s. 269A(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 64 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[F3 269B Service compensation orders: power to set maximum term of imprisonment for default U.K.

(1) This section applies where—

(a) the Court Martial makes a service compensation order and the person by whom the compensation is payable is aged 18 or over; and

(b) the court thinks that the usual default term is insufficient.

(2) In subsection (1) “the usual default term” means the period for which the person would be liable to be committed to prison for default if—

(a) an enforcement order were made; and

(b) by virtue of that order, the amount payable under the service compensation order were treated as if it had been a fine imposed on a conviction by a magistrates' court in England and Wales.

(3) Where this section applies, the court may specify a longer period as the maximum term to which the person is liable to be committed to prison for default if an enforcement order is made.

(4) The Table in [F5 section 129(4) of the Sentencing Code] (maximum periods of imprisonment for default), as for the time being in force, applies for the purpose of determining the maximum periods of imprisonment that may be specified under this section for service compensation orders of the amounts set out in that Table.

(5) In this section “enforcement order” has the same meaning as in section 269A.]

Textual Amendments

F3 Ss. 269A-269C inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c)

F5 Words in s. 269B(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 65 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[F3 269C Orders under section 269A or 269B against service parents or service guardians: appeals U.K.

(1) This section applies where—

(a) the Court Martial makes an order under section 268 in respect of a fine or service compensation order (fine or compensation to be paid by service parent or service guardian); and

(b) the court also makes an order under section 269A or 269B (“a default term order”) in respect of the parent or guardian (“P”).

(2) For the purposes of the Court Martial Appeals Act 1968—

(a) the default term order is to be treated as a sentence passed on P for the offence in respect of which the fine or service compensation order was imposed; and

(b) P is to be treated, for the purpose of enabling P to appeal against the default term order, as if P had been convicted of the offence by the Court Martial.

(3) For the purposes of any appeal against the default term order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(4) On an appeal against the default term order, the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order; but this is subject to subsection (5).

(5) If the default term order was made under section 269A, the power under subsection (4) may only be exercised if the court also quashes the order under section 268.]

Textual Amendments

F3 Ss. 269A-269C inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c)