- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/05/2004)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/10/2009
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Naval Discipline Act 1957 (repealed), Section 76 is up to date with all changes known to be in force on or before 15 September 2024.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.
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(1)Where any person is convicted under this Part of this Act of unlawfully obtaining any property, whether by stealing it, [F1handling] it, . . . F2 or otherwise, [F3the Defence Council] may—
(a)if the whole or any part of the property unlawfully obtained is found in the possession of the offender, order the property so found to be repaid or restored to the person appearing to [F3the Defence Council] to be its owner;
(b)if any property (other than money) appearing to [F3the Defence Council] to have been obtained by the conversion or exchange of any of the property unlawfully obtained is found as aforesaid, order the property so found to be delivered to the person appearing to [F3the Defence Council] to be the owner of the property unlawfully obtained;
(c)if and so far as neither the property unlawfully obtained nor property of equivalent value in respect of which an order is made under paragraph (b) of this subsection is found in the possession of the offender, order that the offender be required to pay to the person appearing to [F3the Defence Council] to be the owner of the property unlawfully obtained such sum as or towards compensation as appears to [F3the Defence Council] to be just.
[F4(1A)The Defence Council may also exercise the powers conferred by subsection (1) above where the court has taken an offence mentioned in that subsection into consideration in determining sentence.]
(2)Where a person is convicted as aforesaid and it appears to [F3the Defence Council] that any of the property unlawfully obtained was taken in exchange from the offender by any other person who did not then know it to have been unlawfully obtained, [F3the Defence Council] may—
(a)if the whole or any part of the property given in exchange by the said other person is found in the possession of the offender, order that on restitution of the property taken in exchange to the person appearing to [F3the Defence Council] to be its owner, the property so found be restored to the said other person;
(b)if and so far as the said property is not so found, order that on restitution as aforesaid of the property taken in exchange the offender be required to pay to the said other person such sum as or towards compensation as appears to [F3the Defence Council] to be just.
(3)Where a person is convicted as aforesaid and it appears to [F3the Defence Council] that any of the property unlawfully obtained was purchased or taken in pawn from the offender by a person who did not then know it to have been unlawfully obtained, [F3the Defence Council] may order that on restitution of that property to the person appearing to [F3the Defence Council] to be its owner the offender be required to pay to the said other person such sum as or towards compensation as appears to [F3the Defence Council] to be just.
(4)Any sum payable by an offender by way of compensation under this section may be ordered to be paid out of money found in the possession of the offender or by means of deductions from his pay.
(5) . . . F5
(6)Subject to regulations made by [F3the Defence Council], the powers conferred on [F3the Defence Council] by the foregoing provisions of this section may be exercised—
(a)where the offender is tried by a court-martial F6. . . , by that court, F7. . .;
(b)where the offender is tried summarily under [F8section 52D]of this Act, by the officer in command of the ship or establishment to which he belongs,
as well as by [F3the Defence Council], and references in those provisions to [F3the Defence Council] shall be construed accordingly.
(7)An order under this section shall not bar the right of any person, other than the offender or a person claiming through him, to recover any property delivered or paid in pursuance of such an order from the person to whom it is delivered or paid.
Textual Amendments
F1Word substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. II
F2Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
F3Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F4S. 76(1A) added by Armed Forces Act 1976 (c. 52), s. 14, Sch. 7 para. 3(1)
F5S. 76(5) repealed by Armed Forces Act 1976 (c. 52), Sch. 10
F6Words in s. 76(6)(a) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)
F7Words in s. 76(6)(a) repealed (1.4.1997 with savings) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. IV para. 89(a), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3)
F8Words in s. 76(6)(b) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 89(b); S.I. 1997/304, art. 2 (with art. 3)
Modifications etc. (not altering text)
C1S. 76 modified by Courts-Martial (Appeals) Act 1968 (c. 20), s. 46(1)
Textual Amendments applied to the whole legislation
F9Act 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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