Naval Discipline Act 1957 (repealed)

[F1 Postponement of sentences]F3 U.K.

Textual Amendments

F1 S. 89A and crossheading inserted (1.4.1997 with savings) by 1996 c. 46, s. 9(3); S.I. 1997/304, art. 2 (with art. 3)

Textual Amendments applied to the whole legislation

F3 Act repealed (prosp.)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

F2 89A Postponement of sentences. U.K.

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 70 of this Act, the reviewing authority may—

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 71 of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 85(1) of this Act from applying in relation to a sentence of imprisonment or detention awarded under this Act.

Textual Amendments

F2 S. 89A inserted (1.4.1997 with savings) by 1996 c. 46, s. 9(3); S.I. 1997/304, art. 2 (with art. 3)