Modifications etc. (not altering text)
C1Pt. I (ss. 1-44) applied (1.6.1996) by Armed Forces Act 1991 (c. 62), ss. 18(9)(c), 20(10)(c), 27(2); S.I. 1996/1173, art. 2
(1)Subject to the provisions of this section, if a court-martial imposes a fine on a person found guilty of any offence—
(a)who is sentenced to imprisonment on the same occasion for the same or another offence or,
(b)who is already serving or otherwise liable to serve a term of imprisonment, [F2or
(c)in respect of whom the court makes an order under section 43AA above on the same occasion for the same or another offence, or
(d)who is already serving or otherwise liable to serve a period of detention under such an order.]
it may make an order fixing a further consecutive term of imprisonment [F3or detention] . . . F4 which the said person is to undergo if any part of the fine is not duly paid or recovered on or before the date on which he could otherwise be released.
[F5(2)Subject to subsections (4) and (5) below, the Table in [F6section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000] (maximum periods of imprisonment for default in payment of fines etc.), as from time to time amended under section 143 of the Magistrates’ Courts Act M11980, shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) above for fines of the amounts set out in that Table.]
(3)Where the whole amount of the said fine is paid or recovered in the prescribed manner the order under subsection (1) above shall cease to have effect, and the person subject to it shall be released unless he is in custody for some other cause.
(4)Where part of the said amount is paid or recovered in such manner as may be prescribed by regulations of the Defence Council, the period of the further term of imprisonment [F7or detention] specified under subsection (1) above shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid or recovered bears to the amount of the said fine.
(5)In calculating the reduction required under the last preceding subsection any fraction of a day shall be left out of account.
[F8(5A)An order imposing a term of detention under this section shall be given effect as if it were a custodial order under section 43AA above.]
(6)in this section, references to the due recovery of any amount include references to deductions from pay under Part IV of this Act, but do not include references to amounts forfeited under the said Part IV.]
Textual Amendments
F1S. 43B inserted by Armed Forces Act 1976 (c. 52), s. 13, Sch. 6 paras. 1, 2
F2S. 43(B)(1)(c)(d) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 4(1)(a)(2)
F3Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 4(1)(b)(2)
F4Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2
F5S. 43B(2) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 5
F6Words in s. 43B(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 21
F7Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 4(1)(b)(2)
F8S. 43B(5A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 4(1)(c)(2)
Marginal Citations
Textual Amendments applied to the whole legislation
F9Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions