The Armed Forces (Service Civilian Court) Rules 2009 CHAPTER 2 — Other ancillary proceedings

107–108・2 provisions

Remission of fine

107

(1) The court's power to remit the whole or part of a fine under section 267 may be exercised on an application under this rule. (2) An application under this rule— (a) shall be made in writing to the court administration officer; (b) shall specify those financial circumstances of the applicant of which the court was unaware when it fixed the amount of the fine; and (c) shall include an explanation for the applicant's failure to co-operate with the court in its inquiry under section 249. (3) The court administration officer shall forward the application to the judge advocate for the proceedings in which the fine was imposed. (4) The judge advocate may— (a) exercise any of the court's powers under section 267; (b) dismiss the application; or (c) direct a hearing of the application. (5) Where, without a hearing, the judge advocate exercises any of the court's powers under section 267 or dismisses the application, the court administration officer shall notify the applicant in writing of the judge advocate's decision. (6) Where the judge advocate directs a hearing of the application, the court administration officer shall notify the applicant of the time and place appointed for the hearing.

Certification of contempt of court

108

(1) The court's powers under section 311(2) (certification of contempt of court) may be exercised only at a hearing under this rule. (2) If so directed by a judge advocate, the court administration officer shall— (a) appoint a time and place for a hearing under this rule; and (b) notify the contemnor and the Director of the time and place so appointed. (3) The contemnor and the Director are entitled to be heard at the hearing. (4) The contemnor need not attend the hearing, but the court may exercise its powers under section 311(2) in his absence. (5) In this rule— “ the contemnor ” means the person whose offence the court is to consider certifying; and “ offence ” has the same meaning as in section 311.

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