Naval Discipline Act 1957 (repealed)

1. Introductory Text

2. Part I Articles of war

   1. Public worship

      1. 1. Public worship to be performed.

   2. Misconduct in action and other offences arising out of naval service

      1. 2. Misconduct in action.

      2. 3. Assisting the enemy.

      3. 4. Obstructing operations, giving false air signals, etc.

      4. 5. Looting.

      5. 6. Offences by or in relation to sentries, persons on watch etc.

      6. 7. Failure to attend for duty, neglect of duty etc.

   3. Mutiny

      1. 8. Definition of “mutiny”.

      2. 9. Offences of mutiny.

      3. 10. Failure to suppress mutiny.

   4. Insubordination and similar offences

      1. 11. Insubordinate behaviour.

      2. 12. Disobedience to lawful commands.

      3. 12A. Failure to provide a sample for drug testing.

      4. 12B. Failure to provide sample after serious incident

      5. 13. Fighting and quarrelling.

      6. 14. Obstruction of provost officers.

      7. 14A. Disobedience to standing orders.

   5. Desertion and absence without leave

      1. 15. Definition of “desertion”.

      2. 16. Offences of desertion.

      3. 17. Absence without leave etc.

      4. 18. Failure to report deserters and absentees.

   6. Navigation and flying offences

      1. 19. Loss or hazarding of ship or aircraft.

      2. 20. Dangerous flying, etc.

      3. 21. Low flying.

      4. 22. Annoyance by flying.

   7. Prize offences

      1. 23. Prize offences by commanding officers.

      2. 24. Other prize offences.

   8. Other offences in respect of ships and aircraft

      1. 25. Inaccurate certification.

      2. 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   9. Malingering and drunkenness

      1. 27. Malingering.

      2. 28. Drunkenness.

   10. Offences relating to property

       1. 29. Damage to, and loss of, public or service property etc.

       2. 29A. Damage to, and loss of, Her Majesty’s aircraft or aircraft material.

       3. 29B. Interference etc. with equipment, messages or signals.

       4. 30. Misapplication and waste of public or service property.

       5. 31. Offences relating to issues and decorations.

   11. Offences relating to billeting and requisitioning of vehicles, etc.

       1. 32. Billeting offences.

       2. 33. Offences in relation to requisitioning of vehicles, etc.

   12. Offences relating to, and by, persons in custody 33A.

       1. 33A. Permitting escape, and unlawful release of prisoners.

       2. 33B. Resistance to arrest.

       3. 33C. Escape from confinement.

   13. Miscellaneous offences

       1. 34. Unauthorised disclosure of information.

       2. 34A. False statements on entry.

       3. 35. Falsification of documents.

       4. 35A. Offences against civilian population.

       5. 35B. Offences against morale.

       6. 36. Cruelty or scandalous conduct by officers.

       7. 36A. Ill-treatment of persons of inferior rank etc.

       8. 37. Disgraceful conduct.

       9. 38. Offences in relation to courts-martial.

       10. 39. Conduct to the prejudice of naval discipline.

   14. Attempts and aiding and abetting

       1. 40. Attempt to commit naval offence.

       2. 41. Aiding and abetting etc., and inciting.

   15. Civil offences

       1. 42. Civil offences.

   16. Punishments

       1. 43. Scale of punishments, and supplementary provisions.

       2. 43A. Juveniles

       3. 43AA. Young service offenders: custodial orders.

       4. 43AB. Reasons to be given where custodial sentence awarded to young offender.

       5. 43B. Power to impose imprisonment for default in payment of fines.

3. Part II Trial and punishment of offences

   1. Arrest

      1. 45. Duty to bring offenders to justice and powers of arrest.

      2. 45A. Power of arrest in anticipation of commission of offence

      3. 46. Provisions for avoiding delay after arrest.

      4. 47. Evidence of arrest or surrender.

   2. Custody

      1. 47A. Limitations on custody without charge.

      2. 47B. Authorisation of custody without charge.

      3. 47C. Review of custody by commanding officer.

      4. 47D. Extension of custody without charge.

      5. 47E. Custody without charge: other cases.

      6. 47F. Custody without charge: supplementary.

      7. 47G. Custody after charge.

      8. 47H. Review of custody after charge.

      9. 47J. Custody during court-martial proceedings.

      10. 47K. Release from custody after charge or during proceedings.

      11. 47L. Arrest during proceedings.

      12. 47M. Judicial officers.

      13. 47N. Custody rules.

   3. Jurisdiction

      1. 48. Jurisdiction of courts-martial.

      2. 49. Summary trial.

      3. 50. Disciplinary courts.

      4. 51. Jurisdiction to try offenders no longer subject to this Act.

      5. 52. Limitation of time for trial.

      6. 52A. Power to stay further proceedings.

   4. Investigation and summary trial

      1. 52B. Investigation of charges by commanding officer

      2. 52C. Powers of higher authority.

      3. 52D. Summary trial.

      4. 52E. Commanding officers.

      5. 52EE. Officers who may act as appropriate superior authorities

      6. 52F. Regulations as to summary trial etc.

   5. The summary appeal court

      1. 52FF. The summary appeal court.

      2. 52FG. Judge advocates.

      3. 52FH. Officers qualified for membership of summary appeal court.

      4. 52FJ. Constitution of summary appeal court for appeals.

      5. 52FK. Right of appeal.

      6. 52FL. Hearing of appeals.

      7. 52FM. Powers of court.

      8. 52FN. Making of, and appeals from, decisions of court.

      9. 52FP. Rules of summary appeal court.

      10. 52FQ. Administration of oaths to members of summary appeal court.

      11. 52FR. Privileges of witnesses and others.

   6. Disciplinary courts

      1. 52G. Disciplinary courts.

   7. The prosecuting authority

      1. 52H. The prosecuting authority.

      2. 52I. Functions of the prosecuting authority.

      3. 52II. Cases where charge may be referred back to commanding officer.

      4. 52IJ. Power of prosecuting authority to advise police forces

      5. 52J. Prosecuting officers.

   8. Constitution of courts-martial

      1. 53. Ordering of courts-martial.

      2. 53A. Court administration officers.

      3. 53B. Judge advocates.

      4. 53C. Ordering of courts-martial.

      5. 54. Composition of courts-martial.

      6. 55. Officials of courts-martial.

      7. 56. Place and time of sittings of courts-martial.

      8. 56A. Dissolution of courts-martial.

      9. 57. Quorum.

   9. Proceedings of courts-martial

      1. 58. General Orders as to procedure of courts-martial.

      2. 58A. Preliminary hearings as to plea

      3. 59. Challenge by accused.

      4. 60. Administration of oaths.

      5. 61. Courts-martial to sit in open court.

      6. 62. Finding and sentence.

      7. 62ZA. Powers of court-martial where accused elected court-martial trial.

      8. 63. Special finding of insane at time of trial or offence.

      9. 62A. Fitness to stand trial.

      10. 63. Findings of insanity.

      11. 63A. Powers to deal with persons not guilty by reason of insanity or unfit to stand trial.

      12. 63B. Admission orders.

      13. 63C. Guardianship orders.

      14. 63D. Supervision and treatment orders.

      15. 63E. Provisions supplementary to sections 62A to 63D.

      16. 64. Summoning of witnesses.

      17. 64A. Rules of evidence

      18. 64B. Proofs at courts-martial by written statement

      19. 64C. Proof of service facts and records.

      20. 64D. Privilege of witnesses and others at courts-martial

      21. 65. Contempt of court-martial by civilians.

      22. 66. Record of proceedings of courts-martial.

      23. 66A. Right of penalised parent or guardian to copy of record of court-martial proceedings.

   10. 62B. Finding that the accused did the act or made the omission charged

   11. 65A. Powers to compel attendance of witnesses

   12. Power to convict of mitigated or alternative offence

       1. 67. Power to convict of mitigated offence.

       2. 68. Power to convict of alternative offence.

       3. 69. Power to convict of attempt notwithstanding proof of completed offence.

   13. Review of finding and sentence

       1. 70. Review by Admiralty of finding and sentence.

       2. 71. Power to quash or alter findings.

       3. 71A. Power to authorise retrial.

       4. 71AB. Scope of section 71AC

       5. 71AC. Review of sentences by Courts-Martial Appeal Court

       6. 71B. Review of summary findings and awards.

       7. 72. Power to remit or alter sentences.

       8. 73. Saving for functions of Judge Advocate of Her Majesty’s Fleet.

   14. Special powers of Admiralty.

       1. 74. Power to dispense with trial of persons confessing to desertion.

       2. 75. Forfeiture of pay and effects of certain absentees.

       3. 76. Restitution or compensation on conviction of larceny, etc.

       4. 77. Effect of appeal against conviction on order for restitution or compensation.

   15. Execution of sentence of death

       1. 78. Confirmation and authority for execution.

       2. 79. Regulations as to execution.

       3. 80. Execution in civil prison in the United Kingdom.

   16. Service of sentence of imprisonment or detention

       1. 81. Place of imprisonment or detention.

       2. 82. Naval Detention Quarters Rules.

       3. 82A. Country for service of sentence.

       4. 83. Service of sentence in civil prison in the United Kingdom.

       5. 84. Removal of certain prisoners.

   17. Commencement and duration of sentences of imprisonment and detention

       1. 85. Commencement of sentences.

       2. 85A. Sentence of detention awarded on summary trial.

       3. 86. Consecutive sentences.

       4. 87. Periods of compassionate release.

       5. 88. Periods of unlawful absence.

       6. 89. Limitation of total period of sentences of detention.

   18. Postponement of sentences

       1. 89A. Postponement of sentences.

   19. Suspension and reconsideration of sentences of imprisonment and detention

       1. 90. Suspension of sentences.

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

       3. 91A. Activation of suspended sentence by court-martial: appeals

       4. 91B. Activation of suspended sentence by commanding officer

       5. 91C. Partial activation by commanding officer of suspended sentence for more than 90 days

       6. 91D. Activation of suspended sentence by commanding officer: appeals etc.

       7. 92. Reconsideration of sentences.

4. Part III Provisions relating to civilians and civil authorities

   1. Offences by civilians triable by court-martial

      1. 93. Spying in ships or in naval establishments abroad.

      2. 94. Seduction from duty in ships or in naval establishments abroad.

      3. 95. Arrest and jurisdiction.

   2. Offences punishable by civil courts

      1. 96. False pretence of desertion or absence without leave.

      2. 97. Procuring or assisting desertion or absence without leave.

      3. 98. Unlawful purchase of naval property.

      4. 99. Illegal dealings in official documents.

      5. 100. Jurisdiction and application of summary fines.

   3. Process and execution in certain civil proceedings

      1. 101. Service of proceedings for maintenance, etc.

      2. 102. Exemption of naval property from execution.

   4. Arrest and detention of offenders by civil authorities

      1. 103. Arrest under warrants of naval authorities.

      2. 104. Arrest of persons unlawfully at large.

      3. 105. Arrest of deserters and absentees.

      4. 106. Arrest of persons suspected of offences punishable by civil courts.

      5. 107. Duties of governors of civil prisons, etc.

   5. Powers of civil courts and authorities as to deserters and absentees

      1. 108. Deserters and absentees surrendering to police.

      2. 109. Proceedings before summary courts.

      3. 110. Certificates of arrest or surrender.

5. Part IV Miscellaneous and General

   1. Persons subject to this Act

      1. 111. Naval forces, volunteers and trainees.

      2. 112. Marines.

      3. 113. Attached military and air forces.

      4. 114. Commonwealth forces.

      5. 115. Colonial naval forces.

      6. 116. Application to deserters, etc. from Commonwealth and colonial naval forces.

      7. 117. Application to passengers in H.M. ships.

      8. 118. Application to certain civilians.

      9. 119. Application to sentenced offenders, etc.

   2. Attachment and powers of command

      1. 120. Attachment to military or air forces.

      2. 121. Attachment to commonwealth and other forces.

      3. 122. Powers of command of members of co-operating military or air forces.

   3. Application to particular countries and territories

      1. 123. Scotland.

      2. 124. Northern Ireland.

      3. 125. Channel Islands and Isle of Man.

      4. 126. Colonies.

      5. 127. Protectorates, protected states, trust territories and federated territories.

      6. 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. Additional provisions as to forfeiture of pay and deductions from pay

      1. 128A. General provisions.

      2. 128B. Deductions for payment of civil penalties.

      3. 128C. Compensation for loss occasioned by wrongful act or negligence.

      4. 128D. Remission of deductions.

      5. 128E. Deductions in respect of judgment debts etc.

      6. 128F. Financial penalty enforcement orders.

      7. 128G. Avoidance of assignment of or charge on naval pay and pensions etc.

   5. Miscellaneous provisions

      1. 129. Jurisdiction of civil courts.

      2. 129A. Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings.

      3. 129B. Proof of outcome of civil trial.

      4. 129C. Evidence of proceedings of court-martial.

      5. 129D. Forfeiture of service for desertion, and restoration of forfeited service.

      6. 129E. Provision as to age.

      7. 130. Redress of complaints.

      8. 130A. Indemnity for prison officers etc.

      9. 131. Ships under convoy.

   6. Interpretation

      1. 132. Definitions of Her Majesty’s ships, forces, etc.

      2. 133. Definitions of officer, rating and superior officer.

      3. 134. Definition of active service.

      4. 135. General interpretation.

   7. Supplemental

      1. 136. Minor amendments.

      2. 137. Repeals and transitional provisions.

      3. 138. Savings.

      4. 139. Short title and commencement.

6. SCHEDULES

   1. FIRST SCHEDULE

      Application of Act to Marine Forces

      1. 1. The following paragraph shall be substituted for paragraph (h) of...

      2. 2. For the references to disrating in subsection (4) of the...

      3. 3. Notwithstanding anything in section two hundred and one of the...

      4. 4. In subsection (2) of section fifty-two of this Act, for...

   2. SECOND SCHEDULE

      Application of Act to attached Military and Air Forces

      1. 1, 2. . . .

      2. 3. The following paragraph shall be substituted for paragraph (h) of...

      3. 4. . . .

      4. 5. For the references to disrating in subsection (4) of the...

      5. 6. Notwithstanding anything in section two hundred and one of the...

      6. 7. In subsection (1) of section fifty, the reference to an...

      7. 8. In relation to the trial of a member of the...

      8. 9. In subsection (2) of section fifty-two of this Act, for...

      9. 10. Any reference in this Act to the uniform of any...

      10. 11. . . .

   3. THIRD SCHEDULE

      Persons subject to Act outside the United Kingdom

      1. 1. Persons serving Her Majesty, or otherwise employed, in such capacities...

      2. 2. Persons who are employed by, or in the service of,...

      3. 3. Persons belonging to or employed by any other organisation so...

      4. 4. Persons who, for the purposes of their profession or employment,...

      5. 5. Persons forming part of the family of members of any...

      6. 6. Persons forming part of the family of persons falling within...

      7. 7. Persons employed by members of any of Her Majesty’s naval,...

      8. 8. Persons employed by persons falling within paragraphs 1 to 6...

      9. 9. Persons forming part of the family of persons falling within...

   4. FOURTH SCHEDULE

      Application of Act to Certain Civilians

      1. 1. In the application of any enactment contained in Part I...

      2. 2. . . .

      3. 3. Any person found committing an offence for which he is...

      4. 3A. In relation to persons to whom Part II of this...

      5. 3B. In relation to such persons— (a) section 47K(2)(b) of this...

      6. 4. In relation to a person liable to be tried as...

      7. 4A. For the purposes of section 52(2) of this Act a...

      8. 4B. In its application to a person subject to a community...

      9. 4C. (1) Where the summary appeal court hears an appeal brought...

      10. 5. Section 129B above shall apply to a person to whom...

   5. SCHEDULE 4A

      Powers of Court on trial of Civilian

      1. General

         1. 1. The powers conferred by this Schedule shall be exercisable on...

         2. 2. (1) In this Schedule— “community supervision order” has the meaning...

      2. Absolute and conditional discharge

         1. 3. (1) The court by which a civilian is found guilty...

      3. Community supervision orders

         1. 4. (1) Subject to sub-paragraph (4) below, where a civilian ....

      4. Absolute and conditional discharge and community supervision orders—supplementary

         1. 5. (1) If upon finding a person guilty of an offence...

      5. Reception orders and committal into care—general

         1. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. Committal into care—England and Wales

         1. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. Committal into care—transfer to Scotland

         1. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. Committal into care—transfer to Northern Ireland

         1. 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. Custodial orders

         1. 10. (1) Where a civilian who has attained the minimum age...

      10. Compensation orders

          1. 11. (1) The court, on finding a civilian guilty of an...

          2. 12. (1) The operation of a compensation order made by a...

      11. Imposition of fines on and making of compensation orders against parents and guardians

          1. 13. (1) Where— (a) a civilian under 17 years of age...

      12. Orders requiring parents or guardians to enter into recognisance

          1. 14. (1) Subject to sub-paragraph (2) below, where a civilian under...

      13. Scale of punishments and orders

          1. 15. (1) In their application to civilians, references in this Act...

      14. Indemnity for persons carrying out orders under Schedule

          1. 16. No action shall lie in respect of anything done by...

      15. Regulations

          1. 17. (1) The Secretary of State may by regulations make provision...

   6. FIFTH SCHEDULE

      Minor Amendments

   7. SIXTH SCHEDULE

      . . .

   8. SEVENTH SCHEDULE

      . . .