The Naval Discipline Act 1957 (Bailiwick of Guernsey) Order 1996

PART I MODIFICATIONS SUBJECT TO WHICH THE NAVAL DISCIPLINE ACT 1957 HAS EFFECT IN THE BAILIWICK OF GUERNSEY

1.  In section 43AA(6)(1), at the end insert—

“(d) where the offender is in or removed to the Bailiwick of Guernsey, any place in which he could have been detained if he had been ordered (in whatever terms) to be detained in custody by a court in the Bailiwick of Guernsey.”.

2.  In section 101(5)(2), after “1920” insert “or the Maintenance Orders (Facilities for Enforcement) (Guernsey) Law 1955”.

3.  In section 128F(10)(3), in the definition of “the relevant court”, after paragraph (c) insert—

“or

(d) the court of summary jurisdiction in the Bailiwick of Guernsey (that is to say, the Magistrate’s Court in the case of Guernsey, the Court of Alderney in the case of Alderney and the Court of the Seneschal in the case of Sark);”.

4.  In section 128(G)(4), in subsection (3)(b) after “bankruptcy” insert “or to a Commissioner or Committee of Creditorsor to the Prévôt”.

5.—(1) Schedule 4A(5) shall be modified as follows.

(2) In paragraph 10(6)—

(a) after paragraph (c) insert—

“(d) where the offender is in or removed to the Bailiwick of Guernsey, any place in which he could have been detained if he had been ordered (in whatever terms) to be detained in custody by a court in the Bailiwick of Guernsey;”;

(b) at the end insert “and in relation to an offender who is removed to the Bailiwick of Guernsey, includes an enactment in force in the Bailiwick of Guernsey”.

(3) In paragraph 11(4B), sub-paragraph (b) shall be omitted.

(1)

Section 43AA was inserted by section 2(2) of the Armed Forces Act 1981 (c. 55) and amended by paragraph 6 of Schedule 9 to the Criminal Justice Act 1991 (c. 53).

(2)

Section 101(5) was amended by paragraph 3 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18).

(3)

Section 128F was inserted by paragraph 3 of Schedule 8 to the Armed Forces Act 1976 (c. 52).

(4)

Section 128G was inserted by section 16(1) of the Armed Forces Act 1991.

(5)

Schedule 4A was inserted by paragraph 3 of Schedule 4 to the Armed Forces Act 1976; paragraph 11(4B) was inserted by section 9(4) of the Armed Forces Act 1991 and paragraph 10 was amended by paragraph 8 of Schedule 9 to the Criminal Justice Act 1991.