Part 9

Sentencing: Principles and Procedures
Chapter 2

Principles and Procedures applying to Service Courts Only

Financial punishments

Order for service parent or service guardian to pay fine or compensation
268
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.
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)
Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163
S. 268 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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))