Air Force Act 1955 (repealed)

Relations between air-force law and civil courts and finality of trialsF26 U.K.

Textual Amendments applied to the whole legislation

F26 Act: 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

[F1 133 Jurisdiction of civil courts. U.K.

(1) Where a person subject to air-force law—

(a) has been tried for an offence by a court-martial or has had an offence committed by him taken into consideration by a court-martial in sentencing him, or

(b) has been charged with an offence under this Act and has had the charge dealt with summarily by his commanding officer or the appropriate superior authority,

a civil court shall be debarred from trying him subsequently for [F2 the same, or substantially the same offence]; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdiction of any civil court to try a person subject to this Act for an offence.

(2) For the purposes of this section—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial in sentencing him if F4 . . . the sentence is quashed [F5 (as well as in a case where the taking into consideration of the offence has been annulled by the F4 . . . reviewing authority)];

(c) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriate superior authority notwithstanding that the finding [F6 or award] of that officer or authority has been quashed, [F7 on review or quashed or varied by the summary appeal court.]]

Textual Amendments

F1 S. 133 substituted by Armed Forces Act 1966 (c. 45), s. 25(2)

F2 Words in s. 133(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(2); S.I. 1991/2719, art. 2

F3 S. 133(2)(a) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F4 Words in s. 133(2)(b) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F5 Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(a)

F6 Words in s. 133(2)(c) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 21(a); S.I. 2000/2366, art. 2 (with transitional provisions in art. 2, Sch. para. 14)

F7 Words in s. 133(2)(c) substituted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 21(b); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

Modifications etc. (not altering text)

C1 S. 133 extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 1(2), 16

[F8 133A Financial penalty enforcement orders. U.K.

(1) If—

(a) a financial penalty has been awarded against any person under this Act, and

[F9 (b) the penalty was—

(i) a fine awarded in respect of a qualifying offence (or in respect of such an offence together with other offences) on the conviction of a qualifying offence either of that person or of the person as whose parent or guardian that person is to pay the penalty; or

(ii) stoppages or a compensation order awarded in respect of a qualifying offence, (whether on the conviction of any person of the offence or on a request by any person for the offence to be taken into consideration); and]

(c) no term of imprisonment was imposed in default of payment, and

(d) no appeal is outstanding and the time provided for the giving of notice of appeal against the award has expired, and

(e) the whole or any part of the penalty remains unpaid or unrecovered, and

(f) the person against whom the award was made is a person to whom this section applies,

the Defence Council or an officer authorised by them may make an order (in this section referred to as a “financial penalty enforcement order”) for the registration of the penalty by the relevant court.

(2) This section applies to a person who

[F10 (a)] is, or would be but for section 131 above, neither subject to service law nor a civilian to whom Part II of this Act is applied by section 209 below, Part II of the M1 Army Act 1955 is applied by section 209 of that Act or Parts I and II of the M2 Naval Discipline Act 1957 are applied by section 118 of that Act [F11 ; or.

(b) is subject to service law because he is a special member of a reserve force within the meaning of the Reserve Forces Act 1996.]

(3) In this section “qualifying offence” means

(a) an offence under section 36 above committed outside the United Kingdom and consisting of or including acts or omissions that would constitute a comparable foreign offence or a local road traffic offence;

(b) an offence under section 70 above;

(c) an offence under any provision of this Act other than section 70 above consisting of or including acts or omissions which would also constitute an offence under section 70 above;

and for the purposes of this definition—

• “comparable foreign offence” means an offence under the civil law of any place outside the United Kingdom which is comparable to an offence under the law of England and Wales; and

• “local road traffic offence” means an offence under the civil law of any place outside the United Kingdom relating to road traffic.

(4) A financial penalty enforcement order shall contain a certificate issued on behalf of the Defence Council or by an officer authorised by them and stating—

(a) that a financial penalty has been awarded against the person named in the order;

(b) that the conditions specified in paragraphs (b) to (f) of subsection (1) above are satisfied;

(c) the nature and amount of the penalty;

(d) the date on which and the [F12 offence or offences]in respect of which it was awarded;

(e) if it was awarded against the person named in the order as the parent or guardian of some other person, the fact that it was so awarded and the name of that other person;

(f) sufficient particulars of the case (including particulars of any offences taken into consideration at the trial);

(g) the date of any payment or recovery of a sum on account of the penalty;

(h) the sum outstanding; and

(j) the authority to whom and address to which any stoppages or compensation included in the penalty will fall, on recovery, to be remitted under subsection (7) below.

(5) A document purporting to be a financial penalty enforcement order and to be signed on behalf of the Defence Council or by an officer authorised by them shall be deemed to be such an order unless the contrary is proved, and a certificate under subsection (4) above shall be evidence of the matters stated.

(6) Subject to subsection (7) below, upon registration of a financial penalty enforcement order—

(a) service enforcement procedures shall cease to be available for the recovery of the sum certified as outstanding, and

(b) that sum shall be treated for all purposes as if it had been a fine imposed upon a conviction by the relevant court.

(7) Stoppages or compensation recovered under this section shall be remitted to the authority at the address specified in the certificate under subsection (4) above.

(8) Where it appears from a financial penalty enforcement order that the penalty was imposed in respect of more than one offence, it shall be deemed for the purposes of enforcement to be a single penalty only.

(9) Where—

(a) a financial penalty enforcement order has been made against any person, and

(b) he ceases to be a person to whom this section applies at a time when the whole or any part of the certified sum is still outstanding,

service enforcement procedures shall apply to the amount outstanding as if it were a sum payable by way of a fine imposed by a civil court.

(10) In this section—

• “financial penalty” means—

  (a)

  a fine, including a fine imposed by virtue of paragraph 13 of Schedule 5A below;

  (b)

  stoppages;

  (c)

  a compensation order imposed by virtue of paragraph 11 or 13 of Schedule 5A below; F13

  (d)

• F14 “the relevant court” means—

  (a)

  the magistrates’ court in England or Wales,

  (b)

  the sheriff court in Scotland, or

  (c)

  the court of summary jurisdiction in Northern Ireland,

within whose jurisdiction the person against whom a financial penalty enforcement order is made appears to the Defence Council or an officer authorised by them to reside or to be likely to reside;

• “service enforcement procedures” means any procedure available by virtue of any of the following enactments, namely—

  (a)

  sections 144, 146 and 209(4) and (4A) below and sections 144, 146 and 209(4) and (4A) of the M3 Army Act 1955, and

  (b)

  sections 128A and 128B of the M4 Naval Discipline Act 1957; and

• “stoppages” does not include sums swarded by virtue of section 147 or 148 below.]

[F15 (11) Where a fine has been awarded together with stoppages or a compensation order, this section shall have effect in relation to the fine and to the stoppages or compensation order as if they were separate penalties.]

Textual Amendments

F8 S. 133A inserted by Armed Forces Act 1976 (c. 52), s. 16, Sch. 8 paras. 1, 2

F9 S. 133A(1)(b) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 7(2)

F10 Words in s. 133A(2) renumbered as s. 133A(2)(a) (1.1.1999) by S.I. 1998/3086, reg. 5(1)

F11 S. 133A(2)(b) and word “or” immediately preceding it inserted (1.1.1999) by S.I. 1998/3086, reg. 5(1)

F12 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 7(3)

F13 Word repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F14 S. 133A(10)(d) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F15 S. 133A(11) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 7(4)

Marginal Citations

M1 1955 c. 18.

M2 1957 c. 53.

M3 1955 c. 18.

M4 1957 c. 53.

134 Persons not to be tried under this Act for offences already disposed of. U.K.

(1) Where a person subject to air-force law—

[F16 (a) has been tried for an offence by a competent civil court, wherever situated, or a court-martial (whether held under this Act, the M5 Army Act 1955 or the M6 Naval Discipline Act 1957), or

(aa) has had an offence committed by him taken into consideration when being sentenced by a competent civil court in the United Kingdom or any such court-martial as if referred to in the foregoing paragraph; or]

(b) has been charged with an offence under this Act, [F17 the M7 Naval Discipline Act 1957] or the M8 Army Act 1955, and has had the charge dismissed, or has [F18 had a finding that the charge has been proved recorded against him], by his commanding officer or the appropriate superior authority, or

(c) has had an offence condoned by his commanding officer (whether air-force, naval or military),

he shall not be liable in respect of [F19 the same, or substantially the same offence] to be tried by court-martial or to have the case dealt with summarily by his commanding officer or the appropriate superior authority.

(2) For the purposes of this section—

F20 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial in sentencing him if F21 . . . the sentence is quashed [F22 (as well as in a case where the taking into consideration of the offence has been annulled by the F21 . . . reviewing authority)];

(c) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriate superior authority notwithstanding that the finding [F23 or award] of that officer or authority has been quashed, [F24 on review or quashed or varied by the summary appeal court;]

(d) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised by him to act in relation to the alleged offence has with knowledge of all relevant circumstances informed him that he will not be charged therewith;

(e) a person ordered under subsection (2) of section fifty-seven of this Act or the corresponding provision of the M9 Army Act 1955 to be imprisoned or to undergo detention for an offence against that section or provision shall be deemed to have been tried by court-martial for the offence.

F25 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Save as provided in the foregoing provisions of this section, proceedings for an offence against this Act (whether before a commanding officer or appropriate superior authority or before a court-martial) shall not be barred on the ground of condonation.

Textual Amendments

F16 S. 134(1)(a)(aa) substituted for s. 134(1)(a) by Armed Forces Act 1966 (c. 45), s. 26

F17 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F18 Words in s. 134(1)(b) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 77; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F19 Words in s. 134(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(3); S.I. 1991/2719, art. 2

F20 S. 134(2)(a) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F21 Words in s. 134(2)(b) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F22 Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(a)

F23 Words in s. 134(2)(c) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 22(a); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F24 Words in s. 134(2)(c) substituted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 22(b); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F25 S. 134(3) repealed (1.4.1997) by 1996 c. 46, .s 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

Modifications etc. (not altering text)

C2 S. 134 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(2)

C3 S. 134 modified (1.4.1997) by S.I. 1997/172, art. 86

C4 S. 134(1)(2) extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 1(2), 16

Marginal Citations

M5 1955 c. 18.

M6 1957 c. 53.

M7 1957 c. 53.

M8 1955 c. 18.

M9 1955 c. 18.