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 1 U.K. Principles and Procedures applying to Service Courts and Summary Hearings

Financial punishments U.K.

251 Power to allow payment of fine or service compensation order by instalments U.K.

(1) A court or officer awarding a fine or service compensation order in respect of a service offence may make an order under this section.

(2) An order under this section is an order—

(a) allowing time for payment of the amount due in respect of the fine or service compensation order (“the amount due”); or

(b) directing payment of that amount by instalments of such amounts and on such dates as may be specified in the order.

(3) If no order under this section is made when the fine or service compensation order is imposed, at any later time the appropriate court may make such an order on the application of the person by whom the amount due is payable (“the relevant person”).

(4) The appropriate court may on the application of the relevant person vary an order made under this section.

(5) In this section “the appropriate court” means—

(a) if the fine or service compensation order was imposed by an officer and subsection (6) applies, the commanding officer of the relevant person;

(b) if the fine or service compensation order was imposed by a court and subsection (6) or (7) applies, the Court Martial.

(6) This subsection applies if the relevant person is for the time being—

(a) subject to service law;

(b) a member of a volunteer reserve force; or

(c) a member of an ex-regular reserve force who is subject to an additional duties commitment.

(7) This subsection applies if the relevant person is for the time being a civilian subject to service discipline.

Modifications etc. (not altering text)

C2 S. 251 applied (1.12.2020) by 2020 c. 17, Sch. 10 para. 11A(1) (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

I1 S. 251 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. 251 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4