Valid from 28/03/2009
(1)A court or officer fixing a fine to be imposed on an offender in respect of a service offence must, before fixing the amount of the fine, inquire into the offender's financial circumstances.
(2)The amount of any fine fixed by a court or officer in respect of a service offence must be such as, in the opinion of the court or officer, reflects the seriousness of the offence.
(3)In fixing the amount of any fine to be imposed on an offender in respect of a service offence, a court or officer must take into account the circumstances of the case including, among other things, the offender's financial circumstances so far as they are known, or appear, to the court or officer.
(4)Subsection (3) applies whether taking into account the offender's financial circumstances has the effect of increasing or reducing the amount of the fine.
(5)Where—
(a)the court has inquired into the offender's financial circumstances as required by this section,
(b)the offender has failed to co-operate with the court in its inquiry (whether by failing to comply with a financial statement order under section 266 or otherwise), and
(c)the court considers that it has insufficient information to make a proper determination of the offender's financial circumstances,
the court may make such determination of his financial circumstances as it considers appropriate.
(6)References in subsection (5) to “the court” are to the court or officer fixing a fine in respect of a service offence.
(1)In determining whether to make a service compensation order against any person, and in determining the amount to be paid by any person under such an order, a court or officer must have regard to that person's financial circumstances so far as they appear or are known to the court or officer.
(2)Where the court or officer considers—
(a)that it would be appropriate both to impose a fine and to make a service compensation order, but
(b)that the offender has insufficient means to pay both an appropriate fine and appropriate compensation,
the court or officer must give preference to compensation (but may impose a fine as well).
(1)A court or officer awarding a fine or service compensation order in respect of a service offence may make an order under this section.
(2)An order under this section is an order—
(a)allowing time for payment of the amount due in respect of the fine or service compensation order (“the amount due”); or
(b)directing payment of that amount by instalments of such amounts and on such dates as may be specified in the order.
(3)If no order under this section is made when the fine or service compensation order is imposed, at any later time the appropriate court may make such an order on the application of the person by whom the amount due is payable (“the relevant person”).
(4)The appropriate court may on the application of the relevant person vary an order made under this section.
(5)In this section “the appropriate court” means—
(a)if the fine or service compensation order was imposed by an officer and subsection (6) applies, the commanding officer of the relevant person;
(b)if the fine or service compensation order was imposed by a court and subsection (6) or (7) applies, the Court Martial.
(6)This subsection applies if the relevant person is for the time being—
(a)subject to service law;
(b)a member of a volunteer reserve force; or
(c)a member of an ex-regular reserve force who is subject to an additional duties commitment.
(7)This subsection applies if the relevant person is for the time being a civilian subject to service discipline.