First Group of PartsDiscipline
Part 9Sentencing: Principles and Procedures
Chapter 2Principles and Procedures applying to Service Courts Only
Financial punishments
266Financial statement orders
(1)
Before sentencing a person who has been convicted of a service offence, a court may make a financial statement order; but this does not apply to the Summary Appeal Court.
(2)
A financial statement order is an order requiring the person to give to the court, within such period as may be specified in the order, such a statement of his financial circumstances as the court may require.
(3)
A person who without reasonable excuse fails to comply with a financial statement order commits an offence and is liable to a fine not exceeding level 3 on the standard scale.
(4)
A person who in providing any statement in pursuance of a financial statement order—
(a)
makes a statement which he knows to be false in a material particular,
(b)
recklessly provides a statement which is false in a material particular, or
(c)
knowingly fails to disclose any material fact,
commits an offence and is liable to a fine not exceeding level 4 on the standard scale.
267Power of court to remit fine
(1)
This section applies where a court has, in fixing the amount of a fine in respect of a service offence, determined the offender’s financial circumstances under section 249(5).
(2)
If on subsequently inquiring into the offender’s financial circumstances the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—
(a)
have fixed a smaller amount, or
(b)
not have fined him,
it may remit the whole or part of the fine.
268Order for service parent or service guardian to pay fine or compensation
(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.
269Fixing of fine or compensation to be paid by parent or guardian
(1)
For the purposes of any order under section 268 against the parent or guardian of an offender—
(a)
section 249 (fixing of fine) has effect as if any reference to the offender’s financial circumstances were to the parent’s or guardian’s financial circumstances, and as if the reference in subsection (5)(b) to the offender were to the parent or guardian;
(b)
section 250(1) (determination of service compensation order) has effect as if any reference to the financial circumstances of the person against whom the service compensation order is made were to the financial circumstances of the parent or guardian;
(c)
section 250(2) (preference to be given to compensation if insufficient means to pay both compensation and fine) has effect as if the reference to the offender were to the parent or guardian;
(d)
section 267 (power to remit fine) has effect as if any reference to the offender’s financial circumstances were to the parent’s or guardian’s financial circumstances.
(2)
Before making an order under section 268 against a parent or guardian, the court may make a financial statement order with respect to him.
(3)
In subsection (2) “financial statement order” has the meaning given by subsection (2) of section 266, and subsections (3) and (4) of that section apply in relation to a financial statement order made under this section as they apply in relation to such an order made under that section.