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Naval Discipline Act 1957 (repealed)

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Changes over time for: Section 52II

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Version Superseded: 18/07/2008

Status:

Point in time view as at 28/02/2002. This version of this provision has been superseded. Help about Status

Changes to legislation:

Naval Discipline Act 1957 (repealed), Section 52II is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F152II Cases where charge may be referred back to commanding officer.F4U.K.

(1)Where—

(a)a case has been referred to the prosecuting authority as a result of an election for court-martial trial, and

(b)the prosecuting authority considers that a charge different from, or additional to, the preliminary charge should be preferred,

the prosecuting authority may refer back to the commanding officer of the accused the charge or charges which the prosecuting authority considers should be preferred.

(2)In subsection (1) above—

(a)the preliminary charge” means the charge which would have been tried summarily had the accused not elected court-martial trial, and

(b)the reference to preferring a charge different from, or additional to, the preliminary charge includes a reference to amending, or substituting another charge for, a charge already preferred.

[F2(2A)Where—

(a)a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,

(b)the prosecuting authority—

(i)in respect of the case or part of the case, does not determine any charge to be preferred, or

(ii)before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and

(c)the accused is below the rank of captain,

the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.]

(3)Where a charge is referred to a commanding officer under subsection (1) [F3or (2A)] above, the commanding officer shall deal with the charge as if it had been reported to him under section 52B(1) of this Act.]

Textual Amendments

F1S. 52II inserted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 4; S.I. 2000/2366, art. 2

F2S. 52II(2A) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 14(2); S.I. 2002/345, art. 2 (subject to art. 3)

F3Words in s. 52II(3) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 14(3); S.I. 2002/345, art. 2 (subject to art. 3)

Modifications etc. (not altering text)

C1S. 52II(1) modified (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 6

S. 52II(1) modified (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 13

Textual Amendments applied to the whole legislation

F4Act 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

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