Part 9

Sentencing: Principles and Procedures
Chapter 1

Principles and Procedures applying to Service Courts and Summary Hearings

Financial punishments

Fixing of fines
249
1
A court or officer fixing a fine to be imposed on an offender in respect of a service offence must, before fixing the amount of the fine, inquire into the offender's financial circumstances.
2
The amount of any fine fixed by a court or officer in respect of a service offence must be such as, in the opinion of the court or officer, reflects the seriousness of the offence.
3
In fixing the amount of any fine to be imposed on an offender in respect of a service offence, a court or officer must take into account the circumstances of the case including, among other things, the offender's financial circumstances so far as they are known, or appear, to the court or officer.
4
Subsection (3) applies whether taking into account the offender's financial circumstances has the effect of increasing or reducing the amount of the fine.
5
Where—
a
the court has inquired into the offender's financial circumstances as required by this section,
b
the offender has failed to co-operate with the court in its inquiry (whether by failing to comply with a financial statement order under section 266 or otherwise), and
c
the court considers that it has insufficient information to make a proper determination of the offender's financial circumstances,
the court may make such determination of his financial circumstances as it considers appropriate.
6
References in subsection (5) to “the court” are to the court or officer fixing a fine in respect of a service offence.
S. 249 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)
Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163
S. 249 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4