Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
(1)Subject to the provisions of this section, if a court-martial imposes a fine on a person found guiltyof any offence—
(a)who is sentenced to imprisonment on the same occasion for the same or another offence or,
(b)who is already serving or otherwise liable to serve a term of imprisonment, [F2or
(c)in respect of whom the court makes an order under section 71AA above on the same occasion for the sameor another offence, or
(d)who is already serving or otherwise liable to serve a period of detention under such an order,]
it may make an order fixing a further consecutive term of imprisonment [F3or detention] which the said person is to undergo if any part of the fine is not dulypaid or recovered on or before the date on which he could otherwise be released.
[F4(2)Subject to subsections (4) and (5) below, the Table in [F5section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000] (maximum periods of imprisonment for default inpayment of fines etc.), as [F6for the time being in force] , shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) abovefor fines of the amounts set out in that Table.]
(3)Where the whole amount of the said fine is paid or recovered in the prescribed manner the order undersubsection (1) above shall cease to have effect, and the person subject to it shall be released unless heis in custody for some other cause.
(4)Where part of the said amount is paid or recovered in the prescribed manner, the period of the furtherterm of imprisonment [F7or detention] specified under subsection (1) above shall be reduced by such number of days as bears to the totalnumber of days in that period less one day the same proportion as the amount so paid or recovered bears tothe amount of the said fine.
(5)In calculating the reduction required under the last preceding subsection any fraction of a day shallbe left out of account.
[F8(5A)An order imposing a term of detention under this section shall be given effect as if it were a custodialorder under section 71AA above.]
(6)In this section, references to the due recovery of any amount include references to deductions from payunder Part III of this Act, but do not include references to amounts forfeited under the said Part III.]
Textual Amendments
F1S. 71B inserted by Armed Forces Act 1976 (c. 52), Sch. 6 para. 1
F2S. 71B(1)(c)(d) and word “or" immediately preceding it inserted by Criminal JusticeAct 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 4(1)(a)
F3Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(b)
F4S. 71B(2) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 5
F5Words in s. 71B(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 11
F6Words in s. 71B(2) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 2; S.I. 1991/2719, art. 2
F7Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(b)
F8S. 71B(5A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(c)
Textual Amendments applied to the whole legislation
F9Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2