Naval Discipline Act 1957 (repealed)
Naval Discipline Act 1957 (repealed) (1957 c. 53)
- Naval Discipline Act 1957 (repealed) (1957 c. 53)
- Part I Articles of war
- Public worship
- 1 Public worship to be performed.
- Misconduct in action and other offences arising out of naval service
- 2 Misconduct in action.
- 3 Assisting the enemy.
- 4 Obstructing operations, giving false air signals, etc.
- 5 Looting.
- 6 Offences by or in relation to sentries, persons on watch etc.
- 7 Failure to attend for duty, neglect of duty etc.
- Mutiny
- 8 Definition of “mutiny”.
- 9 Offences of mutiny.
- 10 Failure to suppress mutiny.
- Insubordination and similar offences
- 11 Insubordinate behaviour.
- 12 Disobedience to lawful commands.
- 12A Failure to provide a sample for drug testing.
- 12B Failure to provide sample after serious incident
- 13 Fighting and quarrelling.
- 14 Obstruction of provost officers.
- 14A Disobedience to standing orders.
- Desertion and absence without leave
- 15 Definition of “desertion”.
- 16 Offences of desertion.
- 17 Absence without leave etc.
- 18 Failure to report deserters and absentees.
- Navigation and flying offences
- 19 Loss or hazarding of ship or aircraft.
- 20 Dangerous flying, etc.
- 21 Low flying.
- 22 Annoyance by flying.
- Prize offences
- 23 Prize offences by commanding officers.
- 24 Other prize offences.
- Other offences in respect of ships and aircraft
- 25 Inaccurate certification.
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Malingering and drunkenness
- 27 Malingering.
- 28 Drunkenness.
- Offences relating to property
- 29 Damage to, and loss of, public or service property etc.
- 29A Damage to, and loss of, Her Majesty’s aircraft or aircraft material.
- 29B Interference etc. with equipment, messages or signals.
- 30 Misapplication and waste of public or service property.
- 31 Offences relating to issues and decorations.
- Offences relating to billeting and requisitioning of vehicles, etc.
- 32 Billeting offences.
- 33 Offences in relation to requisitioning of vehicles, etc.
- Offences relating to, and by, persons in custody 33A.
- 33A Permitting escape, and unlawful release of prisoners.
- 33B Resistance to arrest.
- 33C Escape from confinement.
- Miscellaneous offences
- 34 Unauthorised disclosure of information.
- 34A False statements on entry.
- 35 Falsification of documents.
- 35A Offences against civilian population.
- 35B Offences against morale.
- 36 Cruelty or scandalous conduct by officers.
- 36A Ill-treatment of persons of inferior rank etc.
- 37 Disgraceful conduct.
- 38 Offences in relation to courts-martial.
- 39 Conduct to the prejudice of naval discipline.
- Attempts and aiding and abetting
- 40 Attempt to commit naval offence.
- 41 Aiding and abetting etc., and inciting.
- Civil offences
- 42 Civil offences.
- Punishments
- 43 Scale of punishments, and supplementary provisions.
- 43A Juveniles
- 43AA Young service offenders: custodial orders.
- 43AB Reasons to be given where custodial sentence awarded to young offender.
- 43B Power to impose imprisonment for default in payment of fines.
- Part II Trial and punishment of offences
- Arrest
- 45 Duty to bring offenders to justice and powers of arrest.
- 45A Power of arrest in anticipation of commission of offence
- 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 47 Evidence of arrest or surrender.
- Custody
- 47A Limitations on custody without charge.
- 47B Authorisation of custody without charge.
- 47C Review of custody by commanding officer.
- 47D Extension of custody without charge.
- 47E Custody without charge: other cases.
- 47F Custody without charge: supplementary.
- 47G Custody after charge.
- 47H Review of custody after charge.
- 47J Custody during court-martial proceedings.
- 47K Release from custody after charge or during proceedings.
- 47L Arrest during proceedings.
- 47M Judicial officers.
- 47N Custody rules.
- Jurisdiction
- 48 Jurisdiction of courts-martial.
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 51 Jurisdiction to try offenders no longer subject to this Act.
- 52 Limitation of time for trial.
- 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Investigation and summary trial
- 52B Investigation of charges by commanding officer
- 52C Powers of higher authority.
- 52D Summary trial.
- 52E Commanding officers.
- 52EE Officers who may act as appropriate superior authorities
- 52F Regulations as to summary trial etc.
- The summary appeal court
- 52FF The summary appeal court.
- 52FG Judge advocates.
- 52FH Officers qualified for membership of summary appeal court.
- 52FJ Constitution of summary appeal court for appeals.
- 52FK Right of appeal.
- 52FL Hearing of appeals.
- 52FM Powers of court.
- 52FN Making of, and appeals from, decisions of court.
- 52FP Rules of summary appeal court.
- 52FQ Administration of oaths to members of summary appeal court.
- 52FR Privileges of witnesses and others.
- Disciplinary courts
- 52G Disciplinary courts.
- The prosecuting authority
- 52H The prosecuting authority.
- 52I Functions of the prosecuting authority.
- 52II Referral of case to commanding officer
- 52IJ Power of prosecuting authority to advise police forces
- 52J Prosecuting officers.
- Constitution of courts-martial
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53A Court administration officers.
- 53B Judge advocates.
- 53C Ordering of courts-martial.
- 54 Composition of courts-martial
- 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 56 Place and time of sittings of courts-martial.
- 56A Dissolution of courts-martial.
- 57 Quorum.
- Proceedings of courts-martial
- 58 Rules.
- 58A Preliminary hearings as to plea
- 59 Challenge by accused.
- 60 Administration of oaths.
- 61 Courts-martial to sit in open court.
- 62 Finding and sentence.
- 62ZA Powers of court-martial where accused elected court-martial trial.
- Findings of unfitness to stand trial and insanity
- 62A Fitness to stand trial
- 62B Finding that the accused did the act or made the omission charged
- 63 Findings of insanity
- 63A Powers to deal with person unfit to stand trial or not guilty by reason of insanity
- 63B Orders under the Mental Health Act
- 63C Supervision orders
- 63D Provisions supplementary to sections 62A to 63C
- 64 Summoning of witnesses.
- 64A Rules of evidence
- 64B Proofs at courts-martial by written statement
- 64C Proof of service facts and records.
- 64D Privilege of witnesses and others at courts-martial
- 65 Contempt of court-martial by civilians.
- 65A Powers to compel attendance of witnesses
- 66 Record of proceedings of courts-martial.
- 66A Right of penalised parent or guardian to copy of record of court-martial proceedings.
- Power to convict of mitigated or alternative offence
- 67 Power to convict of mitigated offence.
- 68 Power to convict of alternative offence.
- 69 Power to convict of attempt notwithstanding proof of completed offence.
- Review of finding and sentence
- 70 Review of findings and sentences of courts-martial.
- 71 Powers of the reviewing authority.
- 71A Power to authorise retrial.
- 71AB Scope of section 71AC
- 71AC Review of sentences by Courts-Martial Appeal Court
- 71B Review of summary findings and awards.
- 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 73 Saving for functions of Judge Advocate General.
- Special powers of Admiralty.
- 74 Power to dispense with trial of persons confessing to desertion.
- 75 Forfeiture of pay and effects of certain absentees.
- 76 Restitution or compensation on conviction of larceny, etc.
- 77 Effect of appeal against conviction on order for restitution or compensation.
- Execution of sentence of death
- 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Service of sentence of imprisonment or detention
- 81 Place of imprisonment or detention.
- 82 Naval Detention Quarters Rules.
- 82A Country for service of sentence.
- 83 Service of sentence in civil prison in the United Kingdom.
- 84 Removal of certain prisoners.
- Commencement and duration of sentences of imprisonment and detention
- 85 Commencement of sentences.
- 85A Sentence of detention awarded on summary trial.
- 86 Consecutive sentences.
- 87 Periods of compassionate release.
- 88 Periods of unlawful absence.
- 89 Limitation of total period of sentences of detention.
- Postponement of sentences
- 89A Postponement of sentences.
- Suspension and reconsideration of sentences of imprisonment and detention
- 90 Suspension of sentences.
- 91 Activation of suspended sentence by court-martial
- 91A Activation of suspended sentence by court-martial: appeals
- 91B Activation of suspended sentence by commanding officer
- 91C Partial activation by commanding officer of suspended sentence for more than 90 days
- 91D Activation of suspended sentence by commanding officer: appeals etc.
- 92 Reconsideration of sentences.
- Part III Provisions relating to civilians and civil authorities
- Offences by civilians triable by court-martial
- 93 Spying in ships or in naval establishments abroad.
- 94 Seduction from duty in ships or in naval establishments abroad.
- 95 Arrest and jurisdiction.
- Offences punishable by civil courts
- 96 False pretence of desertion or absence without leave.
- 97 Procuring or assisting desertion or absence without leave.
- 98 Unlawful purchase of naval property.
- 99 Illegal dealings in official documents.
- 100 Jurisdiction and application of summary fines.
- Process and execution in certain civil proceedings
- 101 Service of proceedings for maintenance, etc.
- 102 Exemption of naval property from execution.
- Arrest and detention of offenders by civil authorities
- 103 Arrest under warrants of naval authorities.
- 104 Arrest of persons unlawfully at large.
- 105 Arrest of deserters and absentees.
- 106 Arrest of persons suspected of offences punishable by civil courts.
- 107 Duties of governors of civil prisons, etc.
- Powers of civil courts and authorities as to deserters and absentees
- 108 Deserters and absentees surrendering to police.
- 109 Proceedings before summary courts.
- 110 Certificates of arrest or surrender.
- Part IV Miscellaneous and General
- Persons subject to this Act
- 111 Naval forces, volunteers and trainees.
- 112 Marines.
- 113 Attached military and air forces.
- 114 Commonwealth forces.
- 115 Colonial naval forces.
- 116 Application to deserters, etc. from Commonwealth and colonial naval forces.
- 117 Application to passengers in H.M. ships.
- 118 Application to certain civilians.
- 119 Application to sentenced offenders, etc.
- Attachment and powers of command
- 120 Attachment to military or air forces.
- 121 Attachment to commonwealth and other forces.
- 122 Powers of command of members of co-operating military or air forces.
- Application to particular countries and territories
- 123 Scotland.
- 124 Northern Ireland.
- 125 Channel Islands and Isle of Man.
- 126 Colonies.
- 127 Protectorates, protected states, trust territories and federated territories.
- 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Additional provisions as to forfeiture of pay and deductions from pay
- 128A General provisions.
- 128B Deductions for payment of civil penalties.
- 128C Compensation for loss occasioned by wrongful act or negligence.
- 128D Remission of deductions.
- 128E Deductions in respect of judgment debts etc.
- 128F Financial penalty enforcement orders.
- 128G Avoidance of assignment of or charge on naval pay and pensions etc.
- Miscellaneous provisions
- 129 Jurisdiction of civil courts.
- 129A Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings.
- 129B Proof of outcome of civil trial.
- 129C Evidence of proceedings of court-martial.
- 129D Forfeiture of service for desertion, and restoration of forfeited service.
- 129E Provision as to age.
- 130 Redress of complaints.
- 130A Indemnity for prison officers etc.
- 131 Ships under convoy.
- Interpretation
- 132 Definitions of Her Majesty’s ships, forces, etc.
- 133 Definitions of officer, rating and superior officer.
- 134 Definition of active service.
- 135 General interpretation.
- Supplemental
- 136 Minor amendments.
- 137 Repeals and transitional provisions.
- 138 Savings.
- 139 Short title and commencement.
- SCHEDULES
- FIRST SCHEDULE Application of Act to Marine Forces
- SECOND SCHEDULE Application of Act to attached Military and Air Forces
- THIRD SCHEDULE Persons subject to Act outside the United Kingdom
- FOURTH SCHEDULE Application of Act to Certain Civilians
- SCHEDULE 4A Powers of Court on trial of Civilian
- General
- Absolute and conditional discharge
- Community supervision orders
- Absolute and conditional discharge and community supervision orders—supplementary
- Reception orders and committal into care—general
- Committal into care—England and Wales
- Committal into care—transfer to Scotland
- Committal into care—transfer to Northern Ireland
- Custodial orders
- Compensation orders
- Imposition of fines on and making of compensation orders against parents and guardians
- Orders requiring parents or guardians to enter into recognisance
- Scale of punishments and orders
- Indemnity for persons carrying out orders under Schedule
- Regulations
- FIFTH SCHEDULE Minor Amendments
- SIXTH SCHEDULE . . .
- SEVENTH SCHEDULE . . .
Feedback