The Armed Forces (Financial Penalty Enforcement Orders) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 permit the making of an order for the registration by a civilian court (“the relevant court”) of a financial penalty imposed under the Armed Forces Act 2006 (c. 52). Regulation 3(5) of the 2009 Regulations provides that the sum certified in the order as being outstanding is to be treated for all purposes as if it had been a fine imposed upon conviction by the relevant court.

The Armed Forces Act 2011 (c. 18) inserts sections 269A and 269B in the 2006 Act. Section 269A requires the Court Martial, when imposing a fine, to make an order fixing a term for which the person liable to pay the fine may be committed to prison if the fine is not paid. Section 269B enables the Court Martial, when making a service compensation order, to specify a maximum term for which the person liable to pay the compensation may be committed to prison if the compensation is not paid.

Regulation 2(3) of these Regulations inserts new regulations 3A and 3B in the 2009 Regulations so as to provide, respectively, for the effect of an order under section 269A and of an exercise of the power under section 269B.

Under new regulation 3A, an order under section 269A has effect as if it were an order by the Crown Court in England and Wales under section 139(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) in respect of a fine imposed by that court (and, if the relevant court is in Scotland or Northern Ireland, as if the enforcement of that fine had been transferred to Scotland or Northern Ireland under section 90 of the Magistrates’ Courts Act 1980 (c. 43)).

Under new regulation 3B, where a period has been specified under section 269B, that period is treated as if it had been specified by the Crown Court in England and Wales under section 41(8) of the Administration of Justice Act 1970 (c. 31) in respect of a compensation order made by that court.

Regulation 2(2)(b) corrects regulation 3(5) of the 2009 Regulations to refer to the registration of a financial penalty instead of to the registration of the financial penalty enforcement order.