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Army and Air Force Act 1961

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This is the original version (as it was originally enacted).

19Forfeiture of sums from pay by way of punishment

(1)The following provisions of this section shall have effect for the purpose of permitting the imposition, on persons found guilty under the Army Act, 1955, or the Air Force Act, 1955 (which Acts are hereafter in this section referred to as " the Acts ") of offences, of (punishment consisting in the forfeiture of sums from their pay.

(2)Section seventy-one of each of the Acts (punishment of officers) shall be amended—

(a)by the insertion, in subsection (2) (scale of punishments), after paragraph (e) thereof, of the following paragraph:—

(ee)forfeiture of a sum from pay;

(b)by the addition, at the end of subsection (6) (power to award severe reprimand or reprimand in addition to forfeiture of seniority of rank), of the words " or forfeiture of a sum from pay ".

(3)Section seventy-two of each of the Acts (punishment of other ranks) shall be amended—

(a)by the insertion, in subsection (2) (scale of punishments), after the paragraph directed to be inserted therein by sub-paragraph (ii) of paragraph (a) of subsection (2) of the last foregoing section, of the following paragraph:—

(hhh)forfeiture of a sum from pay;

(b)by the addition, at the end of subsection (7) (power to award, to warrant officer or non-commissioned officer, severe reprimand or reprimand in addition to forfeiture of seniority of rank), of the words "or forfeiture of a sum from pay ".

(4)Section seventy-eight of each of the Acts (mode of dealing with charge against non-commissioned officer, soldier or airman after commanding officer's investigation) shall be amended—

(a)by the insertion, in subsection (3) (permissible punishments), after the paragraph directed to be inserted therein by paragraph (b) of subsection (2) of the last foregoing section in the case of the Army Act, 1955, and by paragraph (c) of that subsection in the case of the Air Force Act, 1955, of the following paragraph:—

(aaa)forfeiture of a sum from pay;

(b)by the substitution, for the proviso to the said subsection (3) (no forfeiture of pay or minor punishment to be awarded for an offence for which detention is awarded), of the following proviso:— Provided that no forfeiture of pay, forfeiture of a sum from pay or minor punishment shall be awarded for an offence for which detention is awarded, and that no forfeiture of a sum from pay shall be awarded for an offence for which field punishment or forfeiture of pay is awarded

(5)Section seventy-nine of each of the Acts (mode of dealing with charge against officer or warrant officer after commanding officer's investigation), shall be amended—

(a)by the insertion, in subsection (5) (permissible punishments), after paragraph (a) thereof, of the following paragraph:—

(aa)forfeiture of a sum from pay;

(b)by the addition, at the end of that subsection, of the words " except that he may not award both forfeiture of seniority of rank and forfeiture of a sum from pay";

(c)by the insertion, in subsection (6) (accused to be afforded opportunity of being tried by court-martial where, inter alia, appropriate superior authority to whom charge is referred determines that if it is dealt with summarily he will award forfeiture of seniority or stoppages), of the words

forfeiture of a sum from pay, after the words " forfeiture of seniority ".

(6)The amount of the sum that may be forfeited under either of the Acts from an offender's pay by way of punishment for an offence other than one against section seventy (civil offences) of either of them shall not exceed the aggregate of fourteen days' pay, and the amount of the sum that may be so forfeited by way of punishment for an offence against section seventy of either of the Acts—

(a)in any case, shall not exceed the aggregate of fourteen days' pay;

(b)where the civil offence constituting the offence against that section is punishable by a civil court in England only on summary conviction and is so punishable by a fine of a maximum amount less than the said aggregate, shall not exceed that maximum;

(c)where the said civil offence is punishable by a civil court in England on indictment by a fine of a maximum amount less than the said aggregate (whether or not it is also punishable on summary conviction), shall not exceed that maximum.

(7)For the purposes of this section a day's pay shall, as regards a person found guilty of an offence, be deemed to be the gross pay that is, or would (apart from any forfeiture) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.

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