The Armed Forces (Remission of Fines) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

Section 16 of the Armed Forces Act 2011 (c. 18) inserts into the Armed Forces Act 2006 (c. 52) a new section 269A, which requires the Court Martial, when imposing a fine on a person aged 18 or over, to fix a term of imprisonment which the person is to undergo if the fine is not paid. This corresponds broadly to a requirement imposed on the Crown Court in England and Wales by section 139(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Section 165 of the Criminal Justice Act 2003 (c. 44) permits a court in England and Wales to remit the whole or part of a fine in the light of a subsequent inquiry into the offender’s financial circumstances. Where a court exercises this power and a term of imprisonment has been fixed under section 139(2) of the Powers of Criminal Courts (Sentencing) Act 2000, the term must be proportionately reduced.

Section 267 of the Armed Forces Act 2006 similarly permits a court to remit the whole or part of a fine. This Order amends that section so that, where the power to remit is exercised, a term of imprisonment fixed under section 269A must be proportionately reduced.