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Financial penalty enforcement orders |
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320 | Financial penalty enforcement orders |
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(1) | The Secretary of State may by regulations make provision for the purpose of |
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enabling the Defence Council, or persons authorised by them, to make orders |
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for the enforcement of financial penalties by prescribed courts in England and |
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Wales, Scotland, Northern Ireland or the Isle of Man. |
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(2) | Regulations under this section may in particular make provision— |
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(a) | with respect to the cases in which such orders may be made; |
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(b) | with respect to the form and content of such orders, including the |
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matters to be certified in such orders; |
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(c) | with respect to the effect of such orders; |
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(d) | conferring functions in relation to such orders on the Defence Council; |
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(e) | for the delegation by the Defence Council of any of their functions in |
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(3) | Provision that may be made by the regulations by virtue of subsection (2)(c) |
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(a) | that a sum certified in such an order as outstanding is to be treated as if |
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it had been a fine imposed on a conviction by a court specified in the |
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(b) | for prescribed enforcement procedures to cease to be available, or to |
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become available, on the occurrence of prescribed events. |
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“financial penalty” means— |
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(a) | a fine or service compensation order imposed by virtue of this |
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Act (including a fine or service compensation order with respect |
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to which an order under section 267 (order for service parent or |
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guardian to pay fine or compensation) has been made); |
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(b) | a sum adjudged to be paid under section 235(3) (forfeiture of |
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(c) | an order as to the payment of costs made by virtue of |
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regulations under section 26, or made under section 27, of the |
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Armed Forces Act 2001 (c. 19); |
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“prescribed” means prescribed, or of a description prescribed, by |
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regulations under this section. |
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Power to make provision in consequence of criminal justice enactments |
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321 | Power to make provision in consequence of criminal justice enactments |
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(1) | The Secretary of State may make an order under this section if he considers it |
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appropriate to do so in consequence of a criminal justice enactment (see section |
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(2) | An order under this section may make provision in relation to— |
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(b) | service courts (see section 322), |
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(c) | persons subject to service law, |
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(d) | civilians subject to service discipline, or |
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(e) | service law proceedings (see section 322), |
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| which is equivalent to that made by a relevant provision, subject to such |
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modifications as the Secretary of State considers appropriate. |
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(3) | In this section “relevant provision” means— |
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(a) | the criminal justice enactment; |
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(b) | any enactment relating to a criminal justice matter (see section 322) |
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which is amended by the criminal justice enactment; or |
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(c) | any subordinate legislation made under— |
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(i) | the criminal justice enactment; or |
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(ii) | any Act which is amended by the criminal justice enactment. |
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(4) | An order under this section may make provision in such way as the Secretary |
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of State considers appropriate and may, in particular— |
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(a) | be made in relation to all or any cases to which the order-making power |
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(b) | apply the relevant provision (with or without modifications); |
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(c) | amend, repeal or revoke any enactment or subordinate legislation |
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(including the relevant provision and any provision of or made under |
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322 | Section 321: definitions |
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(1) | In section 321 a “criminal justice enactment” means an enactment which— |
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(a) | is contained in an Act passed after 1st January 2001; and |
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(b) | amends the law of England and Wales relating to any criminal justice |
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(2) | In section 321 and subsection (1) “criminal justice matter” means— |
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(a) | the powers of the police in connection with the investigation of offences |
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or the detection of offenders; |
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(b) | powers of arrest and detention in connection with crime or criminal |
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(c) | the functions of any authority in relation to criminal prosecutions; |
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(d) | remand in custody or on bail; |
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(e) | the rights and duties of a defendant in relation to proceedings in |
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(f) | evidence or procedure in civilian courts; |
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(g) | the powers of civilian courts, including powers in relation to sentence; |
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(h) | such other matters relating to criminal justice as the Secretary of State |
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may by order prescribe for the purposes of this paragraph. |
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(3) | For the purposes of section 321, section 5 of the Criminal Justice (International |
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Co-operation) Act 1990 (c. 5) (transfer of UK prisoner to give evidence etc |
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overseas) is to be taken to be a criminal justice enactment. |
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(4) | In section 321 “service court” means— |
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(b) | the Summary Appeal Court; |
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(c) | the Service Civilian Court; |
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(d) | the Court Martial Appeal Court; or |
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(e) | the Supreme Court on an appeal brought from the Court Martial |
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(5) | In section 321 “service law proceedings” means proceedings under this Act or |
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the Court Martial Appeals Act 1968 (c. 20) (and does not include proceedings |
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relating to offences under sections 340 to 342 or under regulations made by |
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virtue of section 326(4)(b) or 339(5)(b)). |
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Other supplementary provisions |
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323 | Evidential burden as respects excuses |
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(1) | This section applies to an offence under any of Parts 1 to 13 which is such that |
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a person who would otherwise commit the offence— |
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(a) | does not do so if he has a lawful excuse; or |
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(b) | does not do so if he has a reasonable excuse. |
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(2) | In proceedings for an offence to which this section applies, the defendant is to |
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be treated as not having had a lawful excuse or reasonable excuse (as the case |
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may be) unless sufficient evidence is adduced to raise an issue as to whether he |
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324 | Exclusion of enactments requiring consent of Attorney General or DPP |
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Subject to section 61(2), no enactment requiring the consent of the Attorney |
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General or the Director of Public Prosecutions in connection with any |
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proceedings has effect in relation to proceedings under this Act for a service |
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325 | Local probation boards |
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For section 5A of the Criminal Justice and Court Services Act 2000 (c. 43) |
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(inserted by Schedule 16 to this Act) substitute— |
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“5A | Local probation boards and service justice |
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(1) | A local probation board may, in pursuance of arrangements made with |
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the Secretary of State, carry out activities anywhere in the world in |
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relation to persons who are or have been subject to proceedings before |
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the Court Martial, the Summary Appeal Court or the Service Civilian |
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(2) | Any activities carried out in relation to such persons must correspond |
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to activities which the board is required or authorised to carry out in |
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relation to persons who have been charged with or convicted of |
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Enlistment, Terms of Service etc |
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Enlistment, terms of service etc |
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(1) | The Defence Council may by regulations make provision with respect to the |
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enlistment of persons in the regular forces (including enlistment outside the |
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(2) | The regulations may in particular make provision— |
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(a) | requiring the enlistment of persons in the regular forces to be |
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undertaken by recruiting officers; |
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(b) | as to the persons, whether or not members of the regular forces, who |
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may be appointed as recruiting officers; |
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(c) | prohibiting the enlistment of persons under the age of 18 without the |
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consent of prescribed persons; |
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(d) | deeming a person, in prescribed circumstances, to have attained (or not |
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to have attained) that age; |
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(e) | as to the procedure for enlistment (including requiring a recruiting |
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officer to attest the enlistment); |
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(f) | creating offences relating to knowingly giving false answers during the |
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(g) | as to the approval for service of persons who have enlisted. |
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(3) | The regulations may also in particular make provision in connection with the |
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validity of a person’s enlistment, including provision— |
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(a) | as to when, how and on what basis the validity of a person’s enlistment |
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(b) | deeming a person, in prescribed circumstances, to have been validly |
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(c) | conferring on a person a right to discharge in prescribed circumstances; |
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(d) | as to the status of a person until he is discharged. |
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(4) | Where the regulations create an offence they may provide— |
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(a) | that the offence is a service offence and is punishable by any |
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punishment mentioned in rows 2 to 12 of the Table in section 163; or |
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(b) | that the offence is an offence triable summarily by a civilian court in the |
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United Kingdom and is punishable by a fine not exceeding level 1 on |
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(5) | In this section and sections 327 to 329 “prescribed” means prescribed by |
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regulations made by the Defence Council. |
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