Armed Forces Act 2006

236 Forfeiture of recognizance

(1) Where—

(a) a recognizance under section 233 has been entered into, and

(b) the offender commits a service offence during the period of the recognizance,

the Court Martial or the Service Civilian Court may on convicting the offender of that offence (and subject to subsection (2)) declare the recognizance to be forfeited.

(2) The court may not make such a declaration where the parent or guardian is neither a person subject to service law nor a civilian subject to service discipline.

(3) If a court declares under this section that a recognizance is to be forfeited it must—

(a) adjudge the parent or guardian to pay the sum in which he is bound;

(b) adjudge him to pay part of that sum; or

(c) remit that sum.

(4) A court declaring under this section that a recognizance is to be forfeited may make an order under section 251 (power to allow payment by instalments); and in relation to a forfeiture under this section, section 251(2) to (7) have effect as if references to the fine or service compensation order were to the forfeiture.