Army Act 1955 (repealed)

14 (1) Subject to sub-paragraph (2) below, where a civilian under 17 years of age is found guilty of anyoffence, the court may make an order requiring any parent or guardian of his who is a service parent orguardian to enter into a recognisance for an amount not exceeding [F1 £1000] for a period not exceeding one year to exercise proper control over him. U.K.

(2) The power conferred by sub-paragraph (1) above shall not be exercisable unless the parent or guardianconsents.

(3) Before making an order in the exercise of that power the court shall explain to the parent or guardianin ordinary language that if the offender is found guilty by court-martial under any of the Services Actsor by a Standing Civilian Court of another offence committed during the period specified in the order, hisrecognisance may be forfeited under sub-paragraph (4) below.

(4) If a person whose parent or guardian has entered into a recognisance under this paragraph is foundguilty by court-martial under any of the Services Acts or by a Standing Civilian Court of any offencecommitted within the period specified in the order, the recognisance or any part of it may in the prescribedmanner be declared to be forfeited (without prejudice to any power of the court to punish the offender orto make any other order against him or an order against his parent or guardian under this paragraph orparagraph 13 above) and the person bound by it adjudged, subject to sub-paragraphs B (5) and (6) below, topay the sum in which he is bound or any lesser sum.

(5) No declaration may be made except against a person who is a service parent or guardian when it is made.

(6) No declaration may be made against any person without giving him an opportunity of being heardunless—

(a) he has been required in the manner prescribed by [F2 rules] under section 103 above or, as thecase may be, by an order under paragraph 12 of Schedule 3 to the M1 Armed Forces Act 1976to attend the court, and

(b) he has failed to do so.

(7) Payment of any sum adjudged to be paid under this paragraph shall be enforceable as if it were a fineimposed for an offence against section 70 above.

(8) No appeal shall lie from an order or declaration under this paragraph.

[F3 (9) In this paragraph “guardian”, in relation to an offender, includes any individual who,in the court’s opinion, has control of the offender.]

Textual Amendments

F1 Figure substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch.8 para. 10(1)(2) and S.I. 1984/447, art. 2(1), Sch. 1

F2 Words in Sch. 5A para. 14(6)(a) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 75; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F3 Para. 14(9) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(9)

Modifications etc. (not altering text)

C1 Sch. 5A para. 14(1): power to amend conferred by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 143(1)(2)(h) (as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.48(1)(a)(b)(iii) )

Marginal Citations

M1 1976 c. 52.

Textual Amendments applied to the whole legislation

F4 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