Naval Discipline Act 1957 (repealed)

91 Committal or re-committal of persons under suspended sentence.F2U.K.

(1)Where a sentence of imprisonment or detention is suspended under section ninety of this Act, a committal order may at any time be issued in respect of the sentence—

(a)in any case, by [F1the Defence Council] or by any officer holding such command as may be prescribed by regulations made by [F1the Defence Council];

(b)where a committal order under section eighty-one of this Act had been issued before the suspension of the sentence by an officer not holding such command, by that officer.

(2)In relation to a sentence in respect of which a committal order has been issued under this section, subsection (2) of section ninety of this Act and subsection (1) of this section shall apply as if for any reference to a committal order under section eighty-one of this Act there were substituted a reference to the committal order under this section.

(3)Where any person whose sentence is suspended under the said section ninety is, during the suspension, found guilty under this Act of another offence for which he is sentenced to imprisonment or detention, then, subject to any recommendation to the contrary made by the court or officer by whom he is so sentenced, and subject to the provisions of subsection (3) of section eighty-nine of this Act,—

(a)the authority by whom a committal order under subsection (1) of this section is issued in respect of the suspended sentence, or

(b)the authority by whom a committal order under section eighty-one of this Act or under subsection (1) of this section is issued in respect of the further sentence

may direct that the sentence in respect of which the order is issued shall begin to run from the expiration of the other sentence.

Textual Amendments

F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Textual Amendments applied to the whole legislation

F2Act repealed (prosp.)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