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Army Act 1955 (repealed)

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Changes over time for: Paragraph 13

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Version Superseded: 01/04/1997

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13[F1(1)Where—

[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 anyother punishment) by the exercise of any power of the court to impose a fine in respect of the offence orto make a compensation order in respect of the offence or of any other offence taken into consideration indetermining sentence,]

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

(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 Rules of Procedure under section 103 aboveor, as the case may be, by an order under paragraph 12 of Schedule 3 to the Armed Forces Act M11976 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 anopportunity of being heard.]

[F3(3)A parent or guardian on or against whom a fine has been imposed or compensation order made under thisparagraph 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 maypresent a petition in accordance with section 108 of this Act against sentence or may appeal againstsentence in accordance with section 8 of the M2Courts-Martial (Appeals) Act 1968 as ifhe 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 orguardian may present a petition in accordance with section 108 of this Act against sentence or may appealagainst sentence under paragraph 18 of Schedule 3 to the M3Armed Forces Act 1976 as ifhe 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 forces, or

(b)is a member of the regular air force, as defined by section 223(1) of the M4Air ForceAct 1955, or

(c)is subject to the M5Naval Discipline Act 1957,

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

Textual Amendments

F2Sch. 5A para. 13(1)(a)(b) substituted (retrospectively) by Armed Forces Act1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 11

Marginal Citations

Textual Amendments applied to the whole legislation

F4Act: 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

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