Air Force Act 1955 (repealed)

13 [F1 (1) Where— U.K.

[F2 (a) a civilian under 17 years of age is found guilty of an offence; and

(b) the court is of the opinion that the case would best be met (whether or not in conjunction with any other punishment) by the exercise of any power of the court to impose a fine in respect of the offence or to make a compensation order in respect of the offence or of any other offence taken into consideration in determining sentence,]

it shall be the duty of the court to order that the fine or compensation awarded be paid by any parent or guardian of his who is a service parent or guardian, instead of by the person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(2) An order under this paragraph may be made against the parent or guardian if—

(a) he has been required to attend in the manner prescribed by [F3 rules] under section 103 above or, as the case may be, by an order under paragraph 12 of Schedule 3 to the Armed Forces Act 1976 to attend the court, and

(b) he has failed to do so,

but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.]

[F4 (3) A parent or guardian on or against whom a fine has been imposed or compensation order made under this paragraph may petition or appeal against the sentence as follows, that is to say—

(a) if the court which imposed the fine or made the order was a court-martial, the parent or guardian may present a petition in accordance with [F5 section 113] of this Act against sentence or may appeal against sentence in accordance with section 8 of the M1 Courts-Martial (Appeals) Act 1968 as if he had been convicted of and sentenced for the offence by the court-martial; or

(b) if the court which imposed the fine or made the order was a Standing Civilian Court, the parent or guardian may present a petition in accordance with [F5 section 113] of this Act against sentence or may appeal against sentence under paragraph 18 of Schedule 3 to the M2 Armed Forces Act 1976 as if he had been convicted of and sentenced for the offence by the Court.]

(4) If a parent or guardian against whom a fine is so imposed or an order so made—

(a) is a member of the regular air force, or

(b) is a member of the regular forces, as defined by section 225(1) of the M3 Army Act 1955, or

(c) is subject to the M4 Naval Discipline Act 1957,

any sum which he is liable to pay, in so far as not otherwise paid by him, may be deducted from his pay.

Textual Amendments

F1 Sch. 5A para. 13(1)(2) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 9

F2 Paras. (a)(b) substituted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 11

F3 Words in Sch. 5A para. 13(2)(a) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 85; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F4 Para. 13(3) substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(6)

F5 Words in Sch. 5A para. 13(3)(a)(b) substituted (1.4.1997) by 1996 c. 46, s. 35(1), Sch. 6 para. 7 (with art. 3, Sch. 2)

Marginal Citations

M1 1968 c. 20.

M2 1976 c. 52.

M3 1955 c. 18.

M4 1957 c. 53.

Textual Amendments applied to the whole legislation

F6 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