Naval Discipline Act 1957 (repealed)

[F1 52D Summary trial.F11 U.K.

(1) This section applies where a charge is to be tried summarily.

(2) If [F2 the charge is against a rating and]] the commanding officer considers that, if the charge were proved, he would award a punishment—

(a) in the case of a warrant officer, of disrating, a fine or stoppages;

(b) in the case of any other rating, of dismissal from Her Majesty’s service, detention or disrating,

he shall afford the accused an opportunity of electing court-martial trial.

[F3 (2ZA) If the charge is against an officer, the appropriate superior authority shall afford the accused the opportunity of electing court-martial trial.]

[F4 (2A) Where in accordance with regulations under section 52F of this Act two or more charges are together to be tried summarily, any election for court-martial trial must relate to all the charges concerned.]

(3) If the accused [F5 elects court-martial trial] and does not withdraw his election with leave, the commanding officer [F6 or appropriate superior authority] shall refer the charge to higher authority with a view to the trial of the accused by court-martial.

[F7 (4) If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall—

(a) if the accused is a rating, refer the charge back to the commanding officer of the accused;

(b) if the accused is an officer, refer the charge back to the appropriate superior authority;

for the commanding officer or appropriate superior authority to try the charge summarily.]

[F8 (4A) Subsections (2) and (2ZA) above do not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the commanding officer or appropriate superior authority under subsection (4) above.

(4B) If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.

(4C) Where under subsection (4B) above a charge is amended or one charge is substituted for another, subsection (2) or (2ZA) above applies in relation to the amended or substituted charge.]

(5) If, in the course of trying the charge, the commanding officer [F9 or appropriate superior authority] considers that it should not be tried summarily, he may refer the charge to higher authority.

(6) If the commanding officer [F9 or appropriate superior authority] determines that the charge has not been proved, he shall acquit the accused.

(7) If the commanding officer [F9 or appropriate superior authority] determines that the charge has been proved, he shall record a finding of guilt and award punishment accordingly.

(8) A commanding officer [F9 or appropriate superior authority] shall not have power on a summary trial to award a sentence of dismissal with disgrace from Her Majesty’s service, a sentence of imprisonment or a sentence of detention for any term exceeding three months.

[F10 (9) Nothing in this section or section 52C of this Act shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.]

Textual Amendments

F1 SS. 52B-52G inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 13; S.I. 1997/304, art. 2 (with art. 3)

F2 Words in s. 52D(2) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(2); S.I. 2002/345, art. 2 (subject to art. 3)

F3 S. 52D(2ZA) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(3); S.I. 2002/345, art. 2 (subject to art. 3)

F4 S. 52D(2A) inserted (2.10.2000) by 2000 c. 4, s. 11(4); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F5 Words in s. 52D(3) substituted (2.10.2000) by 2000 c. 4, s. 11(5); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F6 Words in s. 52D(3) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(4); S.I. 2002/345, art. 2 (subject to art. 3 )

F7 S. 52D(4) substituted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(5); S.I. 2002/345, art. 2 (subject to art. 3)

F8 S. 52D(4A)-(4C) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(6); S.I. 2002/345, art. 2 (subject to art. 3)

F9 Words in s. 52D(5)-(8) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(7); S.I. 2002/345, art. 2 (subject to art. 3)

F10 S. 52D(9) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(8); S.I. 2002/345, art. 2 (subject to art. 3)

Textual Amendments applied to the whole legislation

F11 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