Naval Discipline Act 1957 (repealed)

14 (1) Subject to sub-paragraph (2) below, where a civilian under 17 years of age is found guilty of any offence, the court may make an order requiring any parent or guardian of his who is a service parent or guardian to enter into a recognisance for an amount not exceeding [F1 £50] for a period not exceeding one year to exercise proper control over him.

(2) The power conferred by sub-paragraph (1) above shall not be exercisable unless the parent or guardian consents.

(3) Before making an order in the exercise of that power the court shall explain to the parent or guardian in ordinary language that if the offender is found guilty by court-martial under any of the Services Acts or by a Standing Civilian Court of another offence committed during the period specified in the order, his recognisance may be forfeited under sub-paragraph (4) below.

(4) If a person whose parent or guardian has entered into a recognisance under this paragraph is found guilty by court-martial under any of the Services Acts or by a Standing Civilian Court of any offence committed within the period specified in the order, the recognisance or any part of it may in the prescribed manner be declared to be forfeited (without prejudice to any power of the court to punish the offender or to make any other order against him or an order against his parent or guardian under this paragraph or paragraph 13 above) and the person bound by it adjudged, subject to subparagraphs (5) and (6) below, to pay the sum in which he is bound or any lesser sum.

(5) No declaration may be made except against a person who is a service parent or guardian when it is made.

(6) No declaration may be made against any person without giving him an opportunity of being heard unless—

(a) he has been required in the manner prescribed by General Orders under section 58 above to attend the court, and

(b) he has failed to do so.

(7) Payment of any sum adjudged to be paid under this paragraph shall be enforceable as if it were a fine imposed for an offence against section 42 above.

(8) No appeal shall lie from an order or declaration under this paragraph.

[F2 (9) In this paragraph “guardian”, in relation to an offender, includes any individual who, in the court’s opinion. has control of the offender.]

Textual Amendments

F1 By S.I. 1984/447, art. 2, Sch. 1 it is provided that for the sum set out in paragraph 14(1) of Schedule 4A there should be substituted the sum of £1,000 and by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 12(3)(5) it is provided that Schedule 4A should have effect with the following amendment, that is to say, in paragraph 14(1) for “£50” there should be substituted “£500”

F2 Para. 14(9) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(9)

Modifications etc. (not altering text)

C1 Power to amend para. 14(1) conferred by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 143(1)(2)(h) (as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(a)(b)(iii))

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