Section 267 Power of court to remit fineI1I2
United Kingdom
This section applies where a court has, in fixing the amount of a fine in respect of a service offence, determined the offender's financial circumstances under section 249(5).
If on subsequently inquiring into the offender's financial circumstances the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—
have fixed a smaller amount, or
not have fined him,
it may remit the whole or part of the fine.
Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 269A, it must reduce the term by the corresponding proportion.
In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.
Annotations
Textual amendments
- F1
S. 267(3)(4) inserted (20.12.2013) by The Armed Forces (Remission of Fines) Order 2013 (S.I. 2013/3234), arts. 1, 2
Commencement
- I1
S. 267 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 267 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)
Notes on Part 9
Modifications
- C1
Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163