Defence (Amendment) Act 1987

Increase of fines and compensation awardable under sections 177, 178 and 179 of Principal Act.

3

3. (1) Section 177 of the Principal Act is hereby amended by—

( a) the substitution of the following clause for clause (I) of subsection (3) ( a) (ii):

“(I) a fine not exceeding an amount equal to three days’ pay of the officer charged,”,

and

( b) the substitution in paragraph ( f) of subsection (3) of “ or an amount equal to nine days’ pay of the officer charged” for “or the sum of fifteen pounds”,

and the said paragraph ( f), as amended by this subsection, is set out in paragraph 1 of the Table to this section.

(2) Section 178 of the Principal Act is hereby amended by—

( a) the substitution of the following paragraph for paragraph ( a) of subsection (2):

“( a) a fine not exceeding an amount equal to three days’ pay of the offender,”,

( b) the substitution of the following subparagraph for subparagraph (ii) of subsection (3) ( a):

“(ii) a fine not exceeding an amount equal to three days’ pay of the offender,”,

and

( c) the substitution in subsection (4) of “ or an amount equal to nine days’ pay of the offender” for “or the sum of ten pounds”,

and the said subsection (4), as amended by this subsection, is set out in paragraph 2 of the Table to this section.

(3) Section 179 of the Principal Act is hereby amended by—

( a) the substitution of the following paragraph for paragraph ( a) of subsection (3):

“( a) a fine not exceeding an amount equal to a day’s pay of the offender,”,

and

( b) the substitution in subsection (4) of “ or an amount equal to four days’ pay of the offender” for “or the sum of three pounds”,

and the said subsection (4), as amended by this subsection, is set out in paragraph 3 of the Table to this section.

TABLE

1. ( f) where—

(i) the authorised officer deals with the case summarily, and

(ii) the offence charged occasioned any expense, loss, damage or destruction,

the authorised officer may, in lieu of or in addition to any punishment which he is authorised by paragraph ( a) of this subsection to award in respect of the offence, order that there shall be paid by the officer charged, as compensation for the expense, loss, damage or destruction so occasioned, such sum (not exceeding the amount required to make good such expense, loss, damage or destruction or an amount equal to nine days’ pay of the officer charged, whichever is the less) as the authorised officer may direct.

2. (4) Where—

( a) a commanding officer deals with a case summarily under this section, and

( b) the offence charged occasioned any expense, loss, damage or destruction.

the commanding officer may, in lieu of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the offender, as compensation for the expense, loss, damage or destruction so occasioned, such sum (not exceeding the amount required to make good such expense, loss, damage or destruction or an amount equal to nine days’ pay of the offender, whichever is the less) as the commanding officer thinks fit.

3. (4) Where—

( a) a subordinate officer deals with a case summarily under this section, and

( b) the offence charged occasioned any expense, loss, damage or destruction,

the subordinate officer may, in lieu of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the offender, as compensation for the expense, loss, damage or destruction so occasioned, such sum (not exceeding the amount required to make good such expense, loss, damage or destruction or an amount equal to four days’ pay of the offender, whichever is the less) as the subordinate officer thinks fit.