Naval Discipline Act 1957 (repealed)
5 & 6 Eliz. 2 c. 53 · Enacted 31 July 1957 · Extends to United Kingdom
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations to the whole text
Textual amendments
- F1
Act repealed (1.1.2008 for the repeal of s. 130 only, 28.3.2009 for further specified purposes and 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2)); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; and s. 128F continued (with modifications) for specified purposes (31.10.2009) by The Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 (S.I. 2009/1212), regs. 1, 5(2)
Contents
- Part I: Articles of war Repealed
- Public worship Repealed
- 1Public worship to be performed. Repealed
- Misconduct in action and other offences arising out of naval service Repealed
- 2Misconduct in action. Repealed
- 3Assisting the enemy. Repealed
- 4Obstructing operations, giving false air signals, etc. Repealed
- 5Looting. Repealed
- 6Offences by or in relation to sentries, persons on watch etc. Repealed
- 7Failure to attend for duty, neglect of duty etc. Repealed
- Mutiny Repealed
- 8Definition of “mutiny”. Repealed
- 9Offences of mutiny. Repealed
- 10Failure to suppress mutiny. Repealed
- Insubordination and similar offences Repealed
- 11Insubordinate behaviour. Repealed
- 12Disobedience to lawful commands. Repealed
- 12AFailure to provide a sample for drug testing. Repealed
- 12BFailure to provide sample after serious incident Repealed
- 13Fighting and quarrelling. Repealed
- 14Obstruction of provost officers. Repealed
- 14ADisobedience to standing orders. Repealed
- Desertion and absence without leave Repealed
- 15Definition of “desertion”. Repealed
- 16Offences of desertion. Repealed
- 17Absence without leave etc. Repealed
- 18Failure to report deserters and absentees. Repealed
- Navigation and flying offences Repealed
- 19Loss or hazarding of ship or aircraft. Repealed
- 20Dangerous flying, etc. Repealed
- 21Low flying. Repealed
- 22Annoyance by flying. Repealed
- Prize offences Repealed
- 23Prize offences by commanding officers. Repealed
- 24Other prize offences. Repealed
- Other offences in respect of ships and aircraft Repealed
- 25Inaccurate certification. Repealed
- 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Malingering and drunkenness Repealed
- 27Malingering. Repealed
- 28Drunkenness. Repealed
- Offences relating to property Repealed
- 29Damage to, and loss of, public or service property etc. Repealed
- 29ADamage to, and loss of, Her Majesty’s aircraft or aircraft material. Repealed
- 29BInterference etc. with equipment, messages or signals. Repealed
- 30Misapplication and waste of public or service property. Repealed
- 31Offences relating to issues and decorations. Repealed
- Offences relating to billeting and requisitioning of vehicles, etc. Repealed
- 32Billeting offences. Repealed
- 33Offences in relation to requisitioning of vehicles, etc. Repealed
- Offences relating to, and by, persons in custody 33A. Repealed
- 33APermitting escape, and unlawful release of prisoners. Repealed
- 33BResistance to arrest. Repealed
- 33CEscape from confinement. Repealed
- Miscellaneous offences Repealed
- 34Unauthorised disclosure of information. Repealed
- 34AFalse statements on entry. Repealed
- 35Falsification of documents. Repealed
- 35AOffences against civilian population. Repealed
- 35BOffences against morale. Repealed
- 36Cruelty or scandalous conduct by officers. Repealed
- 36AIll-treatment of persons of inferior rank etc. Repealed
- 37Disgraceful conduct. Repealed
- 38Offences in relation to courts-martial. Repealed
- 39Conduct to the prejudice of naval discipline. Repealed
- Attempts and aiding and abetting Repealed
- 40Attempt to commit naval offence. Repealed
- 41Aiding and abetting etc., and inciting. Repealed
- Civil offences Repealed
- 42Civil offences. Repealed
- Punishments Repealed
- 43Scale of punishments, and supplementary provisions. Repealed
- 43AJuveniles Repealed
- 43AAYoung service offenders: custodial orders. Repealed
- 43ABReasons to be given where custodial sentence awarded to young offender. Repealed
- 43BPower to impose imprisonment for default in payment of fines. Repealed
- Part II: Trial and punishment of offences Repealed
- Arrest Repealed
- 45Duty to bring offenders to justice and powers of arrest. Repealed
- 45APower of arrest in anticipation of commission of offence Repealed
- 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 47Evidence of arrest or surrender. Repealed
- Custody Repealed
- 47ALimitations on custody without charge. Repealed
- 47BAuthorisation of custody without charge. Repealed
- 47CReview of custody by commanding officer. Repealed
- 47DExtension of custody without charge. Repealed
- 47ECustody without charge: other cases. Repealed
- 47FCustody without charge: supplementary. Repealed
- 47GCustody after charge. Repealed
- 47HReview of custody after charge. Repealed
- 47JCustody during court-martial proceedings. Repealed
- 47KRelease from custody after charge or during proceedings. Repealed
- 47LArrest during proceedings. Repealed
- 47MJudicial officers. Repealed
- 47NCustody rules. Repealed
- Jurisdiction Repealed
- 48Jurisdiction of courts-martial. Repealed
- 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 51Jurisdiction to try offenders no longer subject to this Act. Repealed
- 52Limitation of time for trial. Repealed
- 52A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Investigation and summary trial Repealed
- 52BInvestigation of charges by commanding officer Repealed
- 52CPowers of higher authority. Repealed
- 52DSummary trial. Repealed
- 52ECommanding officers. Repealed
- 52EEOfficers who may act as appropriate superior authorities Repealed
- 52FRegulations as to summary trial etc. Repealed
- The summary appeal court Repealed
- 52FFThe summary appeal court. Repealed
- 52FGJudge advocates. Repealed
- 52FHOfficers qualified for membership of summary appeal court. Repealed
- 52FJConstitution of summary appeal court for appeals. Repealed
- 52FKRight of appeal. Repealed
- 52FLHearing of appeals. Repealed
- 52FMPowers of court. Repealed
- 52FNMaking of, and appeals from, decisions of court. Repealed
- 52FPRules of summary appeal court. Repealed
- 52FQAdministration of oaths to members of summary appeal court. Repealed
- 52FRPrivileges of witnesses and others. Repealed
- Disciplinary courts Repealed
- 52GDisciplinary courts. Repealed
- The prosecuting authority Repealed
- 52HThe prosecuting authority. Repealed
- 52IFunctions of the prosecuting authority. Repealed
- 52IIReferral of case to commanding officer Repealed
- 52IJPower of prosecuting authority to advise police forces Repealed
- 52JProsecuting officers. Repealed
- Constitution of courts-martial Repealed
- 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 53ACourt administration officers. Repealed
- 53BJudge advocates. Repealed
- 53COrdering of courts-martial. Repealed
- 54Composition of courts-martial Repealed
- 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 56Place and time of sittings of courts-martial. Repealed
- 56ADissolution of courts-martial. Repealed
- 57Quorum. Repealed
- Proceedings of courts-martial Repealed
- 58Rules. Repealed
- 58APreliminary hearings as to plea Repealed
- 59Challenge by accused. Repealed
- 60Administration of oaths. Repealed
- 61Courts-martial to sit in open court. Repealed
- 62Finding and sentence. Repealed
- 62ZAPowers of court-martial where accused elected court-martial trial. Repealed
- Findings of unfitness to stand trial and insanity Repealed
- 62AFitness to stand trial Repealed
- 62BFinding that the accused did the act or made the omission charged Repealed
- 63Findings of insanity Repealed
- 63APowers to deal with person unfit to stand trial or not guilty by reason of insanity Repealed
- 63BOrders under the Mental Health Act Repealed
- 63CSupervision orders Repealed
- 63DProvisions supplementary to sections 62A to 63C Repealed
- 64Summoning of witnesses. Repealed
- 64ARules of evidence Repealed
- 64BProofs at courts-martial by written statement Repealed
- 64CProof of service facts and records. Repealed
- 64DPrivilege of witnesses and others at courts-martial Repealed
- 65Contempt of court-martial by civilians. Repealed
- 65APowers to compel attendance of witnesses Repealed
- 66Record of proceedings of courts-martial. Repealed
- 66ARight of penalised parent or guardian to copy of record of court-martial proceedings. Repealed
- Power to convict of mitigated or alternative offence Repealed
- 67Power to convict of mitigated offence. Repealed
- 68Power to convict of alternative offence. Repealed
- 69Power to convict of attempt notwithstanding proof of completed offence. Repealed
- Review of finding and sentence Repealed
- 70Review of findings and sentences of courts-martial. Repealed
- 71Powers of the reviewing authority. Repealed
- 71APower to authorise retrial. Repealed
- 71ABScope of section 71AC Repealed
- 71ACReview of sentences by Courts-Martial Appeal Court Repealed
- 71BReview of summary findings and awards. Repealed
- 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 73Saving for functions of Judge Advocate General. Repealed
- Special powers of Admiralty. Repealed
- 74Power to dispense with trial of persons confessing to desertion. Repealed
- 75Forfeiture of pay and effects of certain absentees. Repealed
- 76Restitution or compensation on conviction of larceny, etc. Repealed
- 77Effect of appeal against conviction on order for restitution or compensation. Repealed
- Execution of sentence of death Repealed
- 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Service of sentence of imprisonment or detention Repealed
- 81Place of imprisonment or detention. Repealed
- 82Naval Detention Quarters Rules. Repealed
- 82ACountry for service of sentence. Repealed
- 83Service of sentence in civil prison in the United Kingdom. Repealed
- 84Removal of certain prisoners. Repealed
- Commencement and duration of sentences of imprisonment and detention Repealed
- 85Commencement of sentences. Repealed
- 85ASentence of detention awarded on summary trial. Repealed
- 86Consecutive sentences. Repealed
- 87Periods of compassionate release. Repealed
- 88Periods of unlawful absence. Repealed
- 89Limitation of total period of sentences of detention. Repealed
- Postponement of sentences Repealed
- 89APostponement of sentences. Repealed
- Suspension and reconsideration of sentences of imprisonment and detention Repealed
- 90Suspension of sentences. Repealed
- 91Activation of suspended sentence by court-martial Repealed
- 91AActivation of suspended sentence by court-martial: appeals Repealed
- 91BActivation of suspended sentence by commanding officer Repealed
- 91CPartial activation by commanding officer of suspended sentence for more than 90 days Repealed
- 91DActivation of suspended sentence by commanding officer: appeals etc. Repealed
- 92Reconsideration of sentences. Repealed
- Part III: Provisions relating to civilians and civil authorities Repealed
- Offences by civilians triable by court-martial Repealed
- 93Spying in ships or in naval establishments abroad. Repealed
- 94Seduction from duty in ships or in naval establishments abroad. Repealed
- 95Arrest and jurisdiction. Repealed
- Offences punishable by civil courts Repealed
- 96False pretence of desertion or absence without leave. Repealed
- 97Procuring or assisting desertion or absence without leave. Repealed
- 98Unlawful purchase of naval property. Repealed
- 99Illegal dealings in official documents. Repealed
- 100Jurisdiction and application of summary fines. Repealed
- Process and execution in certain civil proceedings Repealed
- 101Service of proceedings for maintenance, etc. Repealed
- 102Exemption of naval property from execution. Repealed
- Arrest and detention of offenders by civil authorities Repealed
- 103Arrest under warrants of naval authorities. Repealed
- 104Arrest of persons unlawfully at large. Repealed
- 105Arrest of deserters and absentees. Repealed
- 106Arrest of persons suspected of offences punishable by civil courts. Repealed
- 107Duties of governors of civil prisons, etc. Repealed
- Powers of civil courts and authorities as to deserters and absentees Repealed
- 108Deserters and absentees surrendering to police. Repealed
- 109Proceedings before summary courts. Repealed
- 110Certificates of arrest or surrender. Repealed
- Part IV: Miscellaneous and General Repealed
- Persons subject to this Act Repealed
- 111Naval forces, volunteers and trainees. Repealed
- 112Marines. Repealed
- 113Attached military and air forces. Repealed
- 114Commonwealth forces. Repealed
- 115Colonial naval forces. Repealed
- 116Application to deserters, etc. from Commonwealth and colonial naval forces. Repealed
- 117Application to passengers in H.M. ships. Repealed
- 118Application to certain civilians. Repealed
- 119Application to sentenced offenders, etc. Repealed
- Attachment and powers of command Repealed
- 120Attachment to military or air forces. Repealed
- 121Attachment to commonwealth and other forces. Repealed
- 122Powers of command of members of co-operating military or air forces. Repealed
- Application to particular countries and territories Repealed
- 123Scotland. Repealed
- 124Northern Ireland. Repealed
- 125Channel Islands and Isle of Man. Repealed
- 126Colonies. Repealed
- 127Protectorates, protected states, trust territories and federated territories. Repealed
- 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Additional provisions as to forfeiture of pay and deductions from pay Repealed
- 128AGeneral provisions. Repealed
- 128BDeductions for payment of civil penalties. Repealed
- 128CCompensation for loss occasioned by wrongful act or negligence. Repealed
- 128DRemission of deductions. Repealed
- 128EDeductions in respect of judgment debts etc. Repealed
- 128FFinancial penalty enforcement orders. Repealed
- 128GAvoidance of assignment of or charge on naval pay and pensions etc. Repealed
- Miscellaneous provisions Repealed
- 129Jurisdiction of civil courts. Repealed
- 129AExclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings. Repealed
- 129BProof of outcome of civil trial. Repealed
- 129CEvidence of proceedings of court-martial. Repealed
- 129DForfeiture of service for desertion, and restoration of forfeited service. Repealed
- 129EProvision as to age. Repealed
- 130Redress of complaints. Repealed
- 130AIndemnity for prison officers etc. Repealed
- 131Ships under convoy. Repealed
- Interpretation Repealed
- 132Definitions of Her Majesty’s ships, forces, etc. Repealed
- 133Definitions of officer, rating and superior officer. Repealed
- 134Definition of active service. Repealed
- 135General interpretation. Repealed
- Supplemental Repealed
- 136Minor amendments. Repealed
- 137Repeals and transitional provisions. Repealed
- 138Savings. Repealed
- 139Short title and commencement. Repealed
- Schedule FIRST: Application of Act to Marine Forces Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Schedule SECOND: Application of Act to attached Military and Air Forces Repealed
- 1, 2Paragraph 1, 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Schedule THIRD: Persons subject to Act outside the United Kingdom Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Schedule FOURTH: Application of Act to Certain Civilians Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 3AParagraph 3A Repealed
- 3BParagraph 3B Repealed
- 4Paragraph 4 Repealed
- 4AParagraph 4A Repealed
- 4BParagraph 4B Repealed
- 4CParagraph 4C Repealed
- 5Paragraph 5 Repealed
- Schedule 4A: Powers of Court on trial of Civilian Repealed
- General Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Absolute and conditional discharge Repealed
- 3Paragraph 3 Repealed
- Community supervision orders Repealed
- 4Paragraph 4 Repealed
- Absolute and conditional discharge and community supervision orders—supplementary Repealed
- 5Paragraph 5 Repealed
- Reception orders and committal into care—general Repealed
- 6Paragraph 6 Repealed
- Committal into care—England and Wales Repealed
- 7Paragraph 7 Repealed
- Committal into care—transfer to Scotland Repealed
- 8Paragraph 8 Repealed
- Committal into care—transfer to Northern Ireland Repealed
- 9Paragraph 9 Repealed
- Custodial orders Repealed
- 10Paragraph 10 Repealed
- Compensation orders Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- Imposition of fines on and making of compensation orders against parents and guardians Repealed
- 13Paragraph 13 Repealed
- Orders requiring parents or guardians to enter into recognisance Repealed
- 14Paragraph 14 Repealed
- Scale of punishments and orders Repealed
- 15Paragraph 15 Repealed
- Indemnity for persons carrying out orders under Schedule Repealed
- 16Paragraph 16 Repealed
- Regulations Repealed
- 17Paragraph 17 Repealed
- Schedule FIFTHMinor Amendments Repealed
- Schedule SIXTH. . . Repealed
- Schedule SEVENTH. . . Repealed