The Armed Forces (Court Martial) Rules 2009

Application for time to pay financial penalty U.K.

146.—(1) An application to the court under section 251(3) (application for order allowing time for payment of amount due in respect of fine or service compensation order, or directing payment by instalments)—

(a) shall be made in writing to the court administration officer;

(b) shall state whether the applicant wishes the court—

(i) to allow time for payment of the amount due in respect of the fine or service compensation order, and if so how much time; or

(ii) to direct payment of that amount by instalments, and if so by instalments of what amounts and payable on what dates;

(c) shall specify the grounds on which the application is made;

(d) if made in respect of a service compensation order—

(i) shall be served on the person in whose favour that order was made; and

(ii) shall state that it may be granted without a hearing if that person does not serve notice on the court administration officer, within 14 days of being served with the application, that he opposes it.

(2) The court administration officer shall forward the application to the Judge Advocate General.

(3) The Judge Advocate General may—

(a) make the proposed, or any other, order under section 251;

(b) dismiss the application; or

(c) direct a hearing of the application.

(4) But the Judge Advocate General may not (without a hearing) make an order under section 251 in respect of a service compensation order unless—

(a) at least 14 days have elapsed since the application for the order was served on the person in whose favour the service compensation order was made; and

(b) that person has not served notice on the court administration officer that he opposes the application.

(5) Where the Judge Advocate General (without a hearing) makes an order under section 251 or dismisses the application, the court administration officer shall give notice in writing of that decision to—

(a) the applicant; and

(b) where the application is in respect of a service compensation order, the person in whose favour that order was made.

(6) Where the Judge Advocate General directs a hearing of the application, the court administration officer shall notify—

(a) the applicant, and

(b) where the application is in respect of a service compensation order, the person in whose favour that order was made,

of the time and place appointed for the hearing.

(7) This rule shall apply in relation to an application to the court under section 251(4) (application for variation of order under section 251) as if for paragraph (1)(b) there were substituted—

“(b) shall state the respects in which the applicant wishes the court to vary the order under section 251;”.