- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Armed Forces (Service Civilian Court) Rules 2009, CHAPTER 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
107.—(1) The court's power to remit the whole or part of a fine under section 267 may be exercised on an application under this rule.
(2) An application under this rule—
(a)shall be made in writing to the court administration officer;
(b)shall specify those financial circumstances of the applicant of which the court was unaware when it fixed the amount of the fine; and
(c)shall include an explanation for the applicant's failure to co-operate with the court in its inquiry under section 249.
(3) The court administration officer shall forward the application to the judge advocate for the proceedings in which the fine was imposed.
(4) The judge advocate may—
(a)exercise any of the court's powers under section 267;
(b)dismiss the application; or
(c)direct a hearing of the application.
(5) Where, without a hearing, the judge advocate exercises any of the court's powers under section 267 or dismisses the application, the court administration officer shall notify the applicant in writing of the judge advocate's decision.
(6) Where the judge advocate directs a hearing of the application, the court administration officer shall notify the applicant of the time and place appointed for the hearing.
108.—(1) The court's powers under section 311(2) (certification of contempt of court) may be exercised only at a hearing under this rule.
(2) If so directed by a judge advocate, the court administration officer shall—
(a)appoint a time and place for a hearing under this rule; and
(b)notify the contemnor and the Director of the time and place so appointed.
(3) The contemnor and the Director are entitled to be heard at the hearing.
(4) The contemnor need not attend the hearing, but the court may exercise its powers under section 311(2) in his absence.
(5) In this rule—
“the contemnor” means the person whose offence the court is to consider certifying; and
“offence” has the same meaning as in section 311.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: