Naval Discipline Act 1957 (repealed)

ArrestF7 U.K.

Textual Amendments applied to the whole legislation

F7 Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions

45 Duty to bring offenders to justice and powers of arrest. U.K.

(1) It shall be the duty of every person subject to this Act who knows or has reasonable grounds for suspecting that any other person subject thereto is committing or has committed an offence under any provision of Part I of this Act, to take all reasonable steps within his power to cause that person to be brought to justice.

[F1 (2) A person who is reasonably suspected of being engaged in committing, or of having committed, any such offence may be arrested in accordance with subsection (3), (4), (5) or (6) by a person subject to this Act or to military or air-force law.

(3) An officer may be arrested under subsection (2)—

(a) by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;

(b) by a service policeman; or

(c) on the order of another officer, by a person who is lawfully exercising authority on behalf of a provost officer.

(4) A person of or below the rate of warrant officer may be arrested under subsection (2)—

(a) by an officer;

(b) by a warrant officer or non-commissioned officer of superior rank or rate;

(c) by a service policeman;

(d) by a person who is lawfully exercising authority on behalf of a provost officer; or

(e) if a member of a ship's company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.

(5) A person to whom any provisions of Parts 1 and 2 of this Act apply by virtue of section 117 or 118 of this Act (application of Act to passengers in HM ships and aircraft and to civilians) may be arrested under subsection (2)—

(a) by an officer;

(b) by a service policeman; or

(c) by a person who is lawfully exercising authority on behalf of a provost officer.

(6) Where none of subsections (3) to (5) applies in relation to the person to be arrested, that person may be arrested under subsection (2) by a service policeman.

(7) The power of arrest conferred on any person by this section may be exercised—

(a) personally;

(b) by giving orders for the arrest of the person who is to be arrested; or

(c) where that person is subject to this Act or to military or air-force law, by ordering him into arrest.]

Textual Amendments

F1 S. 45(2)-(7) substituted for s. 45(2)-(3) (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694). {art. 8}

[F2 45A Power of arrest in anticipation of commission of offence U.K.

(1) A service policeman may arrest a person whom he reasonably suspects of being about to commit an offence under any provision of Part 1 of this Act.

(2) Subsection (7) of section 45 of this Act applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.

(3) Where a person is arrested under this section—

(a) the arrest must be reported as soon as practicable to his commanding officer; and

(b) he may be kept in naval, military or air-force custody until such time as a service policeman is satisfied that the risk of his committing the offence concerned has passed.]

Textual Amendments

F2 S. 45A inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 9

F3 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 S. 46 repealed (2.10.2000) by 2000 c. 4, ss. 10, 27, Sch. 1 para. 7, Sch. 4; S.I. 2000/2366, art. 2 (with Sch. para. 15)

47 Evidence of arrest or surrender. U.K.

(1) In any proceedings for an offence under Part I of this Act against a person who—

(a) has surrendered himself to any consular officer;

(b) has been taken on arrest or surrender into the custody of a provost officer; or

(c) has been taken on arrest or surrender into custody at any police station, guard-room or other place in any part of Her Majesty’s dominions,

a certificate purporting to be signed by the consular or provost officer, or the officer in charge of the police station, guard-room or other place, as the case may be, containing a statement of the fact, date, time and place of arrest or surrender, and whether or not the person charged was wearing the uniform of any of Her Majesty’s naval forces at the time of arrest or surrender, shall be evidence of the matter therein contained.

(2) In any proceedings for an offence of desertion, absence without leave or improperly leaving his ship . . . F4 against a person who on arrest or surrender has been brought before a court of summary jurisdiction in accordance with the provisions of Part III of this Act, a certificate purporting to be signed by a justice of the peace [F5 or (in Northern Ireland) resident magistrate] containing a statement of the fact, date, time and place of arrest or surrender, and whhe person charged was wearing the uniform of any of Her Majesty’s naval forces at the time of arrest og such particulars as to the proceedings before the court as may be prescribed by regulations made by [F6 the Defence Council] by statutory instrument, shall be evidence of the matter therein contained.

(3) In this section “provost officer” includes a corresponding officer of any of the forces of a Commonwealth country, or of a force raised under the law of any colony.

Textual Amendments

F4 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F5 Words in s. 47(2) inserted (N.I.) (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 10, 87, Sch. 4 para. 12; S.R. 2005/109, art. 2, Sch.

F6 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C1 S. 47(2) modified by Armed Forces Act 1966 (c. 45), s. 33