Naval Discipline Act 1860

23 & 24 Vict. c. 123 · Enacted 28 August 1860

Contents

1. Part I: Articles of War
2. Public Worship
3. IPublic Worship to be performed.
4. Misconduct in the Presence of the Enemy
5. IIPenalty for Misconduct in Action.
6. IIIPenalty for not pursuing the Enemy and of not assisting a Friend in View.
7. IVPenalty for delaying or discouraging the Service, or deserting his Post, &c.
8. VPenalty for Misconduct of subordinate Officers and Men in Action.
9. Communications with the Enemy
10. VIPenalty for Spies.
11. VIIPenalty for corresponding, &c. with the Enemy.
12. VIIIPenalty for improper Communication with the Enemy.
13. Neglect of Duty
14. IXPenalty for abandoning Post, &c.
15. Mutiny
16. XPenalty for Mutiny with Violence.
17. XIPenalty for Mutiny not accompanied by Acts of Violence.
18. XIIPenalty for inciting to Mutiny.
19. XIIIPenalty for Civilians endeavouring to seduce from Allegiance
20. XIVPenalty for making mutinous Assemblies or uttering seditious Words.
21. XVPenalty for concealing any traitorous or mutinous Practice, Design, or Words.
22. XVIPenalty for striking or offering to strike superior Officer.
23. Insubordination
24. XVIIPenalty for Disobedience or using threatening Language to superior Officer.
25. XVIIIPenalty for quarrelling, &c, or using reproachful Speech or Gestures.
26. Desertion and Absence without Leave
27. XIXPenalty for Desertion.
28. XXPenalty for inducing any Person to desert.
29. XXIPenalty for entertaining a Deserter.
30. XXIIPenalty for Absence without Leave.
31. Miscellaneous Offences
32. XXIIIPenalty for profane Swearing and other Immoralities.
33. XXIVPenalty on Officer for Cruelty or Oppression.
34. XXVPenalty for suffering Ships to be improperly lost.
35. XXVIPenalty for not taking care of and defending Ships under Convoy.
36. XXVIIMaster of Merchant Vessel to obey Orders of convoying Officer.
37. XXVIIIPenalty for taking any Goods on board other than fpr the Use of the Vessel, except Gold, Silver, Jewels, &c.
38. XXIXPenalty for embezzling Public Stores.
39. XXXPenalty for burning any Magazine or Vessel, &c. not belonging to an Enemy.
40. XXXIPenalty for making or signing false Musters.
41. XXXIIPenalty for Misconduct in Hospital.
42. XXXIIIPenalty for endeavouring to stir up any Disturbance on account of Unwholesomeness of the Victuals or other just Grounds.
43. XXXIVPenalty for Offences against Naval Discipline not particularly mentioned.
44. XXXVPenalty for not sending to the Court of Admiralty all Papers found aboard Prize Ships.
45. XXXVIPenalty for taking Money or other Effects out of any Prize before the same shall be condemned.
46. XXXVIIPenalty for stripping or ill-using Persons taken on board a Prize.
47. XXXVIIIPenalty for Offences punishable by ordinary Law.
48. XXXIXOffences, when punishable.
49. Part II: General Provisions
50. XLPower of Court-martial to find Intent with which Offence committed.
51. XLIPower of Court-martial to find Prisoner guilty of lesser Offence on Charge of greater.
52. XLIIRebels and Mutineers to be deemed Enemies.
53. XLIIIPower to arrest Offenders.
54. XLIVPenalty for not assisting in Detection of Prisoners.
55. Part III: Regulations as to Punishments
56. XLVPunishments.
57. XLVIRegulations as to Punishments.
58. XLVIILimitation of Time as to Trials.
59. XLVIIIScale of Punishment.
60. XLIXAuthorities having Power to try Offences.
61. Part IV: Courts-martial
62. Constitution of Courts-martial
63. LConstitution of Courts-martial.
64. Proceedings of Courts-martial
65. LISittings of Courts-martial.
66. LIIAppointment of officiating Judge Advocate.
67. LIIIProceedings at Trial.
68. LIVOaths to be administered to Members of Courts-martial.
69. LVOath to be administered to Judge Advocate, &c.
70. LVISummoning Witnesses.
71. LVIIPenalty on Persons giving false Evidence.
72. LVIIIWhere Persons are insane at the Time of Offence or Trial.
73. LIXReport of Proceedings of Courts-martial.
74. Part V: Penal Servitude and Prisons
75. Penal Servitude
76. LXSentence of Penal Servitude.
77. LXIDisposal of Offender after Sentence of Penal Servitude.
78. LXIISubsistence of Offender.
79. LXIIIImprisonment of Offender already under Sentence for previous Offence.
80. Prisons
81. LXIVTerm and Place of Imprisonment.
82. LXVPlace of Imprisonment may be changed, &c.
83. LXVIExpenses of Removal or Subsistence of Prisoners.
84. LXVIIProviso for Discharge or Removal of Prisoners.
85. LXVIIIProviso as to Time of Detention in Naval Custody.
86. LXIXIn case of Insanity Prisoners to be removed to some Lunatic Asylum.
87. LXXAdmiralty may set apart Buildings and Ships as Naval Prisons.
88. LXXIPenalties on aiding Escape or Attempt to escape of Prisoners, and on Breach of Prison Regulations.
89. LXXIIPenalty as regards Gaolers, &c.
90. LXXIIIPay of Offenders to be stopped during Imprisonment, &c.
91. Part VI: Supplemental Provisions
92. LXXIVShort Title of Act.
93. LXXVCommencement of Act.
94. LXXVIDefinition Clause.
95. LXXVIIPersons subject to this Act.
96. LXXVIIILand Forces embarked as Passengers.
97. LXXIXOther Persons embarked as Passengers.
98. LXXXCrews of Ships lost or destroyed.
99. LXXXIAll the Officers and Crew of lost Ship may be tried by One Court.
100. LXXXIIOr by separate Courts.
101. LXXXIIIFor subsequent Offence, separate Court.
102. LXXXIVPay of Crews of Ships lost or taken.
103. LXXXVWhen Ship of senior Officer is lost he may dispose of Officers and Crew of lost Ship.
104. Part VII: Repeal of Acts, and Saving Clause
105. LXXXVIRepeal of Acts and Parts of Acts.
106. LXXXVIITrial of Offences against repealed Acts.
107. LXXXVIIIReservation of Power of Admiralty.
108. LXXXIXAct not to supersede Authority of ordinary Courts.
109. Schedule The SCHEDULE to which this Act refersto which this Act refers