Naval Discipline Act 1957 (repealed)

Textual Amendments applied to the whole legislation

F56 Act repealed (prosp.)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

SCHEDULES

Section 112.

FIRST SCHEDULE U.K. Application of Act to Marine Forces

[F1 1 U.K. The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act:—

“(h) reduction to the ranks or any less reduction in rank.”]

Textual Amendments

F1 Paras. 1, 2 substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 2(6)

2 U.K. For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply.

3 Notwithstanding anything in section two hundred and one of the M1 Army Act 1955, a sentence of reduction to the ranks or any less reduction in rank may be awarded in the case of an offender tried under section forty-nine of this Act.

Marginal Citations

M1 1955 c. 18.

4 U.K. In subsection (2) of section fifty-two of this Act, for the words “after he ceased to be subject thereto” there shall be substituted the words “next after the earliest date on which he is no longer subject to service law”.

Section 113.

SECOND SCHEDULE U.K. Application of Act to attached Military and Air Forces

1, 2 U.K. . . . F2

Textual Amendments

F2 Sch. 2 paras. 1, 2 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

[F3 3 U.K. The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act:—

“(h) reduction to the ranks or any less reduction in rank.”]

Textual Amendments

F3 Para. 3, substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 2(7)

4 U.K. . . . F4

Textual Amendments

F4 Sch. 2 para. 4 repealed by Armed Forces Act 1966 (c. 45), Sch. 5

[F5 5 U.K. For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply.]

Textual Amendments

F5 Para. 5 substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 2(7)

6 Notwithstanding anything in section two hundred and one of the M2 Army Act 1955, or the M3 Air Force Act 1955, a sentence of reduction to the ranks or any less reduction in rank may be awarded in the case of an offender tried under section forty-nine of this Act.

Marginal Citations

M2 1955 c. 18.

M3 1955 c. 19.

7 In subsection (1) of section fifty, the reference to an officer of Her Majesty’s naval forces below the rank of commander shall be construed as a reference to an officer of the regular forces or the regular air force of corresponding rank; and in relation to the trial of such an officer subsection (3) of that section shall have effect as if the reference to officers of Her Majesty’s naval forces included a reference to officers of the regular forces or of the regular air force, as the case may be.

8 U.K. In relation to the trial of a member of the regular forces or of the regular air force, section fifty-four shall have effect:—

(a) as if the officers described in subsection (1) included officers of those forces or of that force, as the case may be;

(b) as if any other reference in that section to a specified naval rank included a reference to the corresponding military or air-force rank.

9 U.K. In subsection (2) of section fifty-two of this Act, for the words “after he ceased to be subject thereto” there shall be substituted the words “next after the earliest date on which he is no longer subject to service law”.

10 U.K. Any reference in this Act to the uniform of any of Her Majesty’s naval forces, or to illegal absence from any of those forces, shall be construed as a reference to the uniform of, or to illegal absence from, any of the regular forces, or the regular air force, as the case may be.

11 U.K. . . . F6

Textual Amendments

F6 Sch. 2 para. 11 repealed by S.I. 1964/488, Sch. 1 Pt. I

Section 118.

THIRD SCHEDULE U.K. [F7 Persons subject to Act outside the United Kingdom]

Textual Amendments

F7 Heading substituted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 13

1 U.K. Persons serving Her Majesty, or otherwise employed, in such capacities connected with Her Majesty’s naval, military or air forces as may be specified for the purposes of this Schedule by regulations made by [F8 the Defence Council], being persons serving or employed under Her Majesty’s Government in the United Kingdom.

Textual Amendments

F8 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

2 U.K. Persons who are employed by, or in the service of, any naval, military or air force organisation so specified to which Her Majesty’s government in the United Kingdom is a party and are employed by or in the service of that organisation by reason of that government being a party thereto.

3 U.K. Persons belonging to or employed by any other organisation so specified which operates in connection with Her Majesty’s naval, military or air forces.

4 Persons who, for the purposes of their profession or employment, are attached to or accompany any of Her Majesty’s naval, military or air forces in pursuance of an authorisation granted by or on behalf of [F9 the Defence Council], . . . F10 .

Textual Amendments

F9 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F10 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

5 U.K. Persons forming part of the family of members of any of Her Majesty’s naval, military or air forces and residing with them or about to reside or departing after residing with them.

6 U.K. Persons forming part of the family of persons falling within paragraphs 1 to 4 of this Schedule and residing with them or about to reside or departing after residing with them.

7 U.K. Persons employed by members of any of Her Majesty’s naval, military or air forces.

8 U.K. Persons employed by persons falling within paragraphs 1 to 6 of this Schedule.

9 U.K. Persons forming part of the family of persons falling within paragraph 7 or paragraph 8 of this Schedule and residing with them or about to reside or departing after residing with them.

Section 118.

FOURTH SCHEDULE U.K. Application of Act to Certain Civilians

1 U.K. In the application of any enactment contained in Part I of this Act to a person to whom it applies by virtue of section one hundred and eighteen of this Act—

(a) for any reference to dismissal with disgrace from Her Majesty’s service there shall be substituted a reference to imprisonment for a term not exceeding two years; and

(b) for any reference to dismissal from Her Majesty’s service (not being dismissal with disgrace) there shall be substituted a reference to a fine,

[F11 and in relation to such persons—

(i) paragraphs (e) to (m) of section 43(1) above shall be omitted; and

(ii) paragraph 15 of Schedule 4A below shall have effect in substitution for the words in that subsection from “and references in this Act” to the end.]

Textual Amendments

F11 Words substituted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 14(a)

2 U.K. . . . F12

Textual Amendments

F12 Sch. 4 para. 2 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

3 Any person found committing an offence for which he is liable to be tried by virtue of the said section one hundred and eighteen, or alleged to have committed or reasonably suspected of having committed such an offence, may be arrested by a provost officer, by any officer or person legally exercising authority under a provost officer or on his behalf, or by or on the orders of any officer subject to this Act; and subsection (3) of section forty-five of this Act shall apply to the powers of arrest conferred by this paragraph as it applies to the powers conferred by that section.

Valid from 02/10/2000

[F13 3A U.K. In relation to persons to whom Part II of this Act applies by virtue of section 118 of this Act, sections 47A to 47E of this Act shall have effect with the substitution of references to paragraph 3 of this Schedule for references to section 45 of this Act.]

Textual Amendments

F13 Sch. 4 paras. 3A, 3B inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 12; S.I. 2000/2366, art. 2

Valid from 02/10/2000

F14 3B U.K. In relation to such persons—

(a) section 47K(2)(b) of this Act shall have effect with the omission of the words from the beginning to “(5) of this Act”, and

(b) section 47L(6) of this Act shall have effect with the omission of paragraph (a).

Textual Amendments

F14 Sch. 4 paras. 3A, 3B inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 12; S.I. 2000/2366, art. 2

4 In relation to a person liable to be tried as aforesaid, section forty-nine of this Act shall apply as it applies in relation to a rating, but subject to the following modifications:—

(a) the officer empowered to try and punish an offence in accordance with the said section forty-nine shall be such officer as may be determined by or under regulations made by [F15 the Defence Council] for the purposes of this paragraph, and subsections (4) and (5) of that section shall not apply;

(b) the punishment which may be awarded under that section shall in the case of any offence be a fine not exceeding [F16 £100], and no other punishment shall be so awarded.

Textual Amendments

F15 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F16 Words substituted by Armed Forces Act 1981 c. 55, Sch. 1 para. 1

[F17 4A U.K. For the purposes of section 52(2) of this Act a person shall be deemed not to have ceased to be a person to whom this Act applies by virtue of section 118(2) of this Act if he has so ceased by reason only of one or both of the following, namely—

(a) the fact that he has ceased to be within the limits of a command within whose limits he continues to have his ordinary residence or to serve or to be employed;

(b) the fact that there has been an interruption of his residence with a family of persons whose place of residence continues to be his home.]

Textual Amendments

F17 Sch. 4 para. 4A inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(2)–(4)

Valid from 01/04/1997

[F18 4B In its application to a person subject to a community supervision order under paragraph 4 of Schedule 4A to this Act, section 52 of this Act shall have effect as if subsection (2) was omitted.]

Textual Amendments

F18 Sch. 4 para. 4B inserted (1.4.1997 with savings) by 1996 c. 46, s. 10, Sch. 3 para. 4; S.I. 1997/304, art. 2 (with art. 3)

Valid from 02/10/2000

[F19 4C (1) Where the summary appeal court hears an appeal brought by any person to whom this Act applies by virtue of section 118 of this Act and the court would otherwise include two officers qualified under section 52FH of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons to whom this Act applies by virtue of section 118. U.K.

(2) References in Part II of this Act to the officers qualified under section 52FH for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of sub-paragraph (1) of this paragraph.]

Textual Amendments

F19 Sch. 4 para. 4C inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 18; S.I. 2000/2366, art. 2 (with Sch. para. 15)

[F20 5 U.K. Section 129B above shall apply to a person to whom this Act applies by virtue of section 118 above, as it applies to a person subject to this Act.]

Textual Amendments

F20 Para. 5 added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 14(b)

[F21 SCHEDULE 4A] U.K. Powers of Court on trial of Civilian

Textual Amendments

F21 Sch. 4A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 paras. 1, 3

Modifications etc. (not altering text)

C1 Sch. 4A excluded (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 134(1)(d)(2)(3); S.I. 2004/874, art. 2; S.S.I. 2004/138, art. 2

General U.K.

1 U.K. The powers conferred by this Schedule shall be exercisable on the trial of a person (in this Schedule referred to as a “civilian”) to whom Parts I and II of this Act are applied by section 118 above.

2 (1) In this Schedule—

• “community supervision order” has the meaning assigned to it by paragraph 4(2) below;

• “compensation order” has the meaning assigned to it by paragraph 11(1) below;

• “the court” means a court-martial;

• “custodial order” has the meaning assigned to it by paragraph 10(1) below;

• “local authority in England and Wales” means the council of a non-metropolitan county, a metropolitan district or a London borough or the Common Council of the City of London;

• “local authority in Scotland” means a regional or islands council;

• “order for absolute discharge” means an order under paragraph 3 below discharging a person absolutely;

• “order for conditional discharge” means an order under that paragraph discharging a person subject to a condition;

• “period of conditional discharge” means the period specified in an order for conditional discharge;

• “prescribed” means prescribed by regulations under paragraph 17 below;

• “reception order” has the meaning assigned to it by paragraph 6(1) below;

• “the Services Acts” means this Act, the M4 Army Act 1955 and the M5 Air Force Act 1955; and

• “Standing Civilian Court” means a Standing Civilian Court established under the M6 Armed Forces Act 1976;

• “supervision period” and “supervisor” have the meanings assigned to them by paragraph 4(2) below.

(2) A parent or guardian is a service parent or guardian for the purposes of this Schedule if—

(a) he is subject to service law, or

(b) Parts I and II of this Act are applied to him by section 118 above, or

(c) Part II of the M7 Army Act 1955 is applied to him by section 209 of that Act, or

(d) Part II of the M8 Air Force Act 1955 is applied to him by section 209 of that Act.

Marginal Citations

M4 1955 c. 18.

M5 1955 c. 19.

M6 1976 c. 52.

M7 1955 c. 18.

M8 1955 c. 19.

Absolute and conditional discharge U.K.

3 (1) The court by which a civilian is found guilty of an offence (not being an offence the sentence for which is fixed by law) may make an order discharging him absolutely, or, if the court thinks fit, discharging him subject to the condition that, during such period, not exceeding 3 years from the date of the order, as may be specified in the order, he commits no offence that may be tried by court-martial under any of the Services Acts or by a Standing Civilian Court.

(2) If a court-martial under any of the Services Acts finds a person in whose case an order for conditional discharge has been made guilty of an offence committed during the period of conditional discharge, the court-martial may deal with him for the offence for which the order was made in any manner in which the court which made the order could deal with him if it had just found him guilty of that offence.

(3) If a Standing Civilian Court finds such a person guilty of an offence committed during the period of conditional discharge, the Standing Civilian Court may deal with him for the offence for which the order was made in any manner in which such a court could deal with him if it had just found him guilty of that offence.

(4) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

Community supervision orders U.K.

4 (1) Subject to sub-paragraph (4) below, where a civilian . . . F22 is found guilty of an offence and the court is of opinion that, having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient that he should undergo a period of supervision, the court may make an order directing him to comply during a specified period not exceeding 12 months with the reasonable requirements of a specified person nominated in the prescribed manner.

(2) In this Schedule—

• “community supervision order” means an order under this paragraph;

• “supervision period” means the period specified in a community supervision order; and

• “supervisor” means a person with whose requirements a community supervision order for the time being requires compliance on the part of the person subject to it.

(3) The court making a community supervision order may include in it direction to the person who is to be subject to it to comply during the whole or any specified part of the supervision period with such requirements of any prescribed description as the court, having regard to the circumstances, considers will be beneficial for him.

(4) Before making a community supervision order the court—

(a) shall explain in ordinary language to the person who is to be subject to it the effect of such an order and the consequences under sub-paragraphs (6) to (10) below of breach of any requirement imposed by virtue of sub-paragraph (1) or (3) above, and

(b) shall obtain his consent and, if he is under 17 years of age, the consent of his parent or guardian, to the making of the order and to the inclusion in it of any requirement by virtue of sub-paragraph (3) above.

(5) If the court makes a community supervision order against any person on finding him guilty of an offence, it may not make any other order except a compensation order in respect of his conviction for that offence.

(6) If a person subject to a community supervision order fails without reasonable excuse to comply with any requirement reasonably imposed by his supervisor or with any requirement included in the order by virtue of sub-paragraph (3) above, he shall be guilty of an offence triable by court-martial.

(7) Any such offence shall be treated as if it were an offence against a provision of Part II of this Act.

(8) If a court-martial under any of the Services Acts finds a person guilty of any offence (including an offence under sub-paragraph (6) above) committed during a supervision period, the court-martial may deal with him for the offence for which the community supervision order was made in any manner in which the court which made the order could deal with him if it had just found him guilty of that offence.

(9) If a Standing Civilian Court finds a person guilty of any offence (including an offence under sub-paragraph (6) above) committed during a supervision period, the Standing Civilian Court may deal with him for the offence for which the community supervision order was made in any manner in which such a court could deal with him if it had just found him guilty of it.

(10) If the court finds a person guilty of an offence under sub-paragraph (6) above, it may, instead of dealing with him for the offence for which the community supervision order was made, impose a fine not exceeding £50 upon him.

(11) An officer authorised by the Defence Council—

(a) may discharge a community supervision order or modify such an order in any way which in his opinion does not increase its severity, and

(b) may replace a supervisor by specifying a new supervisor nominated in the prescribed manner.

(12) The powers conferred by sub-paragraph (11)(a) above are without prejudice to any of the powers of a confirming officer or reviewing authority.

Textual Amendments

F22 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 10(1), 16(2), Sch. 2

Modifications etc. (not altering text)

C2 Sch. 4A para. 4 power to exclude conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(4)(a)

Absolute and conditional discharge and community supervision orders—supplementary U.K.

5 (1) If upon finding a person guilty of an offence the court makes in respect of that offence—

(a) an order for his absolute discharge, or

(b) an order for his conditional discharge, or

(c) a community supervision order,

he shall be deemed not to have been convicted of the offence except—

(i) where the order was an order for conditional discharge or a community supervision order, for the purposes of paragraph 3(2) or (3) or 4(8) or (9) above, as the case may be, and

(ii) in all cases, for the purposes specified in sub-paragraph (2) below.

(2) The purposes mentioned in sub-paragraph (1)(ii) above are the purposes—

(a) of the proceedings in which the order is made,

(b) of any confirmation, revision or review of these proceedings,

(c) of any appeal against conviction in those proceedings, and

(d) of the M9 Rehabilitation of Offenders Act 1974 [F23 or of the M10 Rehabilitation of Offenders (Northern Ireland) Order 1978].

(3) Sub-paragraph (1) above shall not affect—

(a) any right of a person in respect of whom an order for absolute or conditional discharge or a community supervision order was made to rely on his conviction in bar of any subsequent proceedings for the same offence; or

(b) the restoration of any property in consequence of the conviction.

(4) No appeal shall lie against any such order.

(5) If a person is dealt with for an offence for which an order for conditional discharge or a community supervision order was made, the original order shall cease to have effect.

(6) The powers conferred by paragraphs 3(2) and (3) and 4(8) and (9) above to deal with an offence for which an order for conditional discharge or a community supervision order has been made are without prejudice to any power of the court to deal with an offence, whenever committed, other than the offence for which the order in question was made.

Textual Amendments

F23 Words added by S.I. 1978/1908 (N.I. 27), art. 4(5)

Marginal Citations

M9 1974 c. 53.

M10 1978/1908 (N.I. 27).

Reception orders and committal into care—general U.K.

6 (1) Where a civilian under 17 years of age is found guilty of an offence punishable under this Act with imprisonment, the court may make an order (in this Schedule referred to as a “reception order”) declaring that the Secretary of State may authorise any local authority in England or Wales to receive him into their care, and the Secretary of State may authorise any such authority accordingly.

(2) Before making a reception order, the court shall consider any report made in respect of the offender by or on behalf of the Secretary of State.

[F24 (3) The court shall inform the offender (if he is not too young or of too limited understanding) and any person accompanying or representing him of the substance of so much of the report or of such parts of it as relate to the offender or his parent or guardian as the court considers material to the manner in which the case may be dealt with.]

(4) The Secretary of State may at any time revoke an authorisation under this paragraph.

(5) A reception order shall continue to have effect while the person named in it—

(a) is in the care of a local authority in England or Wales under this paragraph or paragraph 7 below; or

(b) is subject to a supervision requirement of a children’s hearing in Scotland following a reference under paragraph 8 below, or

(c) is in care in Northern Ireland by virtue of paragraph 9 below.

(6) A reception order shall be sufficient authority for the detention of the person named in it by the Secretary of State until he is received into the care of a local authority in England or Wales whom the Secretary of State has authorised to receive him.

(7) A reception order shall be sufficient authority for the detention of the person to whom it relates by any local authority in England or Wales, or by any constable, for the purpose of his transfer to the care of a local authority in England or Wales who are to receive him or his transfer to Scotland or Northern Ireland under paragraph 8 or 9 below.

Textual Amendments

F24 Para. 6(3) substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(2)

Committal into care—England and Wales U.K.

7 (1) Without prejudice to the generality of sub-paragraph (4) of paragraph 6 above, the Secretary of State may revoke an authorisation under that paragraph and authorise another local authority in England or Wales to receive the person named in the reception order into their care.

(2) When the Secretary of State informs a local authority that he has revoked an authorisation in accordance with sub-paragraph (1) above, they shall ensure the transfer of the person named in the reception order to the local authority named in the new authorisation.

[F25 X1 (3) A person in the care of a local authority in England or Wales by virtue of this paragraph or paragraph 6 above shall be deemed, subject to sub-paragraph (4) below, to be the subject of a care order as defined in section 20 of the M11 Children and Young Persons Act 1969 (not being an interim order as so defined) committing him to the care of that authority.

(4) The M12 Children and Young Persons Act 1969 shall apply to such a person as if sections 20(3) (care order ceasing to have effect), 21(5) (appeals) and 25(2) (transfer of responsibility to Northern Ireland) were omitted.]

[F25 X1 (3) While an authorisation under a reception order is in force the order shall (subject to sub-paragraph (4) below) be deemed to be a care order for the purposes of the Children Act 1989, and the authorised authority shall be deemed to be the authority designated in that deemed care order.

(3A) In sub-paragraph (3) above “care order” means a care order which is not an interim care order under section 38 of the Children Act 1989.

(4) The Children Act 1989 shall apply to a reception order which is deemed to be a care order by virtue of sub-paragraph (3) above as if sections 31(8) (designated local authority), 91 (duration of care order etc.) and 101 (effect of orders as between different jurisdication were omitted.]

(5) An authorisation under this paragraph or paragraph 6 above shall cease to have effect—

(a) when the Secretary of State informs the local authority that he has revoked it or that the reception order has been discharged on appeal or review; or

(b) when the case is disposed of under paragraph 8 below, or the person named in it is received into care under paragraph 9 below; or

(c) when the person named in it [F26 attains—

(i) 19 years of age if he had attained 16 years of age when the reception order naming him was originally made; or

(ii) 18 years of age in any other case.][F26 attains 18 years of age]

Editorial Information

X1 Sch. 4A para. 7(3)(3A)(4) substituted (14.19.1991) for paragraphs 7(3) and (4) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 18; S.I. 1991/828, art. 3(2)

Textual Amendments

F25 Sch. 4A para. 7(3)(3A)(4) substituted (14.10.1991) for paragraphs 7(3) and (4) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 18; S.I. 1991/828, art. 3(2)

F26 “attains 18 years of age” substituted (14.10.1991) for words commencing “attains–” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 18; S.I. 1991/828, art. 3(2)

Marginal Citations

M11 1969 c. 54.

M12 1969 c. 54.

Committal into care—transfer to Scotland U.K.

8 (1) Where a local authority in England or Wales for the time being having the care of a person by virtue of an authorisation under paragraph 6 or 7 above are satisfied that the person’s welfare would be best served by his being subject to compulsory measures of care in Scotland, the authority may refer the case to the reporter of the local authority in Scotland which they consider relevant, and if the case is so referred the reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of the M13 Social Work (Scotland) Act 1968, as if the reference under this sub-paragraph were a reference under Part V of that Act in respect of a care order within the meaning of the [F27 M14 Children and Young Persons Act 1969][F27 Children Act 1989].

(2) Any such reference shall include particulars of the authorisation by virtue of which the local authority in England or Wales has the care of the person in question; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive of the existence of that authorisation in relation to the person.

(3) Where a children’s hearing is arranged under this paragraph it shall be the duty of the authority who make the reference as aforesaid to ensure the transfer of the person to the place notified to them by the reporter.

Textual Amendments

F27 “Children Act 1989” substituted (14.10.1991) for “Children and Young Persons Act 1969” by Children Act 1989 (c.41, SIF 20), s. 108(2)(4), Sch. 12 para. 18; S.I. 1991/828, art. 3(2)

Marginal Citations

M13 1968 c. 49.

M14 1969 c. 54.

Committal into care—transfer to Northern Ireland U.K.

9 (1) If it appears to the Secretary of State, on the application of a local authority in England or Wales for the time being having the care of a person by virtue of an authorisation under paragraph 6 or 7 above, that the person’s welfare would be best served by a transfer to care in Northern Ireland, the Secretary of State may make an order committing him to the care of the managers of a training school in Northern Ireland or to the care of the Department of Health and Social Services for Northern Ireland; and the provisions of the M15 Children and Young Persons Act (Northern Ireland) 1968 (except sections 88(3), 90 and 91(3)) shall apply to an order under this sub-paragraph as if it were a training school order under that Act made on the date of the order under this sub-paragraph or, if the case so requires, a fit person order under that Act made on that date.

(2) An order under this paragraph shall, unless it is discharged earlier, cease to have effect on the date when the authorisation would have ceased by effluxion of time to have effect, or

(a) if the person to whom the order relates is committed by it to the care of the said Department and will attain 18 years of age before that date, on the date when he attains that age;

(b) if the order has effect as a training school order the said Act and the period of supervision under that Act following the release from detention of the person to whom it applies expires before that date, on the date when that period expires.

Marginal Citations

M15 1968 c. 34 (N.I.)

Custodial orders U.K.

10 (1) Where a civilian who has attained [F28 the minimum age] but is under 21 years of age is found guilty of an offence punishable under this Act with imprisonment, the court shall have power, [F29 subject to subsection (1A) below], to make an order (in this Schedule referred to as a “custodial order”) committing him to be detained in accordance with the provisions of this paragraph

[F30 (a) if the order is made by a court-martial, for a period to be specified in the order not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; or

(b) if it is made by a Standing Civilian Court, for a period of not more than six months]

• [F31 and in this sub-paragraph “the minimum age”, in relation to a male offender, means 15 years of age and, in relation to a female offender, means 17 years of age.]

[F32 (1A) The court shall not make a custodial order in respect of an offender unless it is of the opinion that no other method of dealing with him is appropriate [F33 and the court shall not make a custodial order committing an offender under 17 years of age to be detained for a period which exceeds twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.]

(1B) For the purposes of determining whether there is any appropriate method of dealing with an offender other than making a custodial order in respect of him the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his mental and physical condition.]

(2) Before making a custodial order, the court shall consider any report made in respect of the offender by or on behalf of the Secretary of State.

(3) The court shall give a copy of any such report to the offender or any person representing him.

[F34 (3A) Where a Standing Civilian Court makes a custodial order in respect of an offender, it shall state in open court the reason for its opinion that no other method of dealing with him is appropriate.

(3B) A Standing Civilian Court shall cause a reason stated under sub-paragraph (3A) above to be specified in the custodial order and to be recorded in the proceedings.]

(4) A person in respect of whom such an order is made shall as soon as practicable be removed to the United Kingdom and shall be detained there in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this paragraph.

(5) A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

[F35 (5A) The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say—

(a) sections 85(1), 86(1) and (3) and 92(1); and

(b) for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 81, 82, 87, 88, 104, 119 and 130A;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this sub-paragraph references to a sentence under a custodial order.]

(6) In this paragraph “appropriate institution” means—

[F36 (a) where the offender is removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;]

[F37 (b) where the offender is removed to Scotland, a young offenders institution;]

[F38 (c) where the offender is removed to Northern Ireland,

[F39 (i) if the offender is a male person who is under the age of 17 years, a remand home; and

(ii) in any other case, a young offenders centre;];]

• and in sub-paragraph (4) above “enactment”, in relation to an offender who is removed to Northern Ireland, includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly.

[F40 (6A) Section 15 of the Criminal Justice Act 1982 (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from [F41 a sentence of detention in a young offender institution].]

[F42 (6B) [F43 Section 32 of the Prisons (Scotland) Act 1989] (supervision of young offenders following release) shall apply to persons released from a term of detention under a custodial order as it applies to those released from a term of detention imposed under section 207 or section 415 of the Criminal Procedure (Scotland) Act M16 1975.]

Textual Amendments

F28 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(a)(6)

F29 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(a)(i)

F30 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(a)(ii)

F31 Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(b)(6)

F32 Sch. 4A para. 10(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(b)

F33 Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(2)(6)

F34 Sch. 4A para. 10(3A)(3B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(c)

F35 Sch. 4A para. 10(5A) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 5(6)

F36 Sch. 4A para. 10(6)(a) commencing “where the offender is removed to England or Wales, any institution” substituted (E.W.) for sub-paragraph (6)(a) commencing “where the offender is removed to England or Wales–(i)” by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 para. 5(b)

F37 Sch. 4A para. 10(6)(b) commencing “where the offender is removed to Scotland, a young” substituted (S.) for para. 10(6)(b) commencing “where the offender is removed to Scotland–(i)” by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 124(4), Sch. 9 para. 3(b)

F38 Para. 10(6)(c) substituted by S.I. 1980/1088, art. 3

F39 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(4)(6)

F40 Sch. 4A para. 10(6A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(e)

F41 Words in Sch. 4A para. 10(6A) substituted (1.10.1988) by virtue of 1988 c. 33, s. 123, Sch. 8 Pt. I paras. 1, 2; S.I. 1988/1408, art. 2(1), Sch.

F42 Sch. 4A para. 10(6B) inserted (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 46(2)

F43 Words substituted by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2 para. 5

Marginal Citations

M16 1975 c.21(39:1).

Compensation orders U.K.

11 (1) The court, on finding a civilian guilty of an offence, may, on application or otherwise (and whether or not it makes any other order), make an order (in this Schedule referred to as a “compensation order”) requiring him to pay such sum as appears to the court to be just as or towards compensation for any loss or damage, other than personal injury, resulting from the offence or any other offence taken into consideration in determining sentence.

(3) In the case of an offence of unlawfully obtaining any property (whether by stealing it, handling it or otherwise), where the property in question is recovered, any damage to the property occurring while it was out of the owner’s possession shall be treated for the purposes of this paragraph as having resulted from the offence, however and by whomsoever the damage was caused.

(4) No compensation order shall be made in respect of loss suffered by the dependants of a person in consequence of his death, and no such order shall be made in respect of loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated by sub-paragraph (3) above as resulting from an offence of unlawfully obtaining any property.

(5) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, the court shall have regard to his means so far as they appear or are known to the court.

12 (1) The operation of a compensation order made by a court-martial shall be suspended— U.K.

(a) in any case until the end of the period specified under Part II of the M17 Courts-Martial (Appeals) Act 1968 as the period within which an application for leave to appeal must be lodged; and

(b) if such an application is duly lodged, until either the application is finally refused or it is withdrawn or the appeal is determined or abandoned.

(3) Where a compensation order has been made against any person in respect of an offence taken into consideration in determining his sentence—

(a) the order shall cease to have effect if he successfully petitions or appeals against his conviction of the offence or all the offences of which he was convicted in the proceedings in which the order was made; and

(b) he may petition or appeal against the order as if it were part of the sentence imposed for the offence in respect of which it was made.

Marginal Citations

M17 1968 c. 20.

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

13 [F44 (1) Where—

(a) a civilian under 17 years of age is found guilty of any offence; and

(b) the court is of the opinion that the case would best be met (whether or not in conjunction with any other punishment) by the exercise of any power of the court to impose a fine in respect of the offence or to make a compensation order in respect of the offence or any other offence taken into consideration in determining sentence,

it shall be the duty of the court to order that the fine or compensation awarded be paid by any parent or guardian of his who is a service parent or guardian, instead of by the person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(2) An order under this paragraph may be made against the parent or guardian if—

(a) he has been required to attend in the manner prescribed by General Orders under section 58 of this Act, and

(b) he has failed to do so,

but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.]

[F45 (3) A parent or guardian on or against whom a fine has been imposed or compensation order made under this paragraph may present a petition in accordance with section 70(2) of this Act against sentence or may appeal against sentence in accordance with section 8 of the M18 Courts-Martial (Appeals) Act 1968 as if he had been convicted of and sentenced for the offence by the court-martial.]

(4) If a parent or guardian against whom a fine is so imposed or an order so made—

(a) is subject to this Act, or

(b) is a member of the regular forces, as defined by section 225(1) of the M19 Army Act 1955, or

(c) is a member of the regular air force, as defined by section 223(1) of the M20 Air Force Act 1955,

any sum which he is liable to pay, in so far as not otherwise paid by him, may be deducted from his pay.

[F46 (5) In this paragraph “guardian”, in relation to an offender, includes any individual who, in the court’s opinion, had at the time of the offence care or control of the offender.]

Textual Amendments

F44 Sch. 4A para. 13(1)(2) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 12(2)

F45 Para. 13(3) substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(7)

F46 Para. 13(5) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(8)

Marginal Citations

M18 1968 c. 20.

M19 1955 c. 18.

M20 1955 c. 19.

Orders requiring parents or guardians to enter into recognisance U.K.

14 (1) Subject to sub-paragraph (2) below, where a civilian under 17 years of age is found guilty of any offence, the court may make an order requiring any parent or guardian of his who is a service parent or guardian to enter into a recognisance for an amount not exceeding [F47 £50] for a period not exceeding one year to exercise proper control over him.

(2) The power conferred by sub-paragraph (1) above shall not be exercisable unless the parent or guardian consents.

(3) Before making an order in the exercise of that power the court shall explain to the parent or guardian in ordinary language that if the offender is found guilty by court-martial under any of the Services Acts or by a Standing Civilian Court of another offence committed during the period specified in the order, his recognisance may be forfeited under sub-paragraph (4) below.

(4) If a person whose parent or guardian has entered into a recognisance under this paragraph is found guilty by court-martial under any of the Services Acts or by a Standing Civilian Court of any offence committed within the period specified in the order, the recognisance or any part of it may in the prescribed manner be declared to be forfeited (without prejudice to any power of the court to punish the offender or to make any other order against him or an order against his parent or guardian under this paragraph or paragraph 13 above) and the person bound by it adjudged, subject to subparagraphs (5) and (6) below, to pay the sum in which he is bound or any lesser sum.

(5) No declaration may be made except against a person who is a service parent or guardian when it is made.

(6) No declaration may be made against any person without giving him an opportunity of being heard unless—

(a) he has been required in the manner prescribed by General Orders under section 58 above to attend the court, and

(b) he has failed to do so.

(7) Payment of any sum adjudged to be paid under this paragraph shall be enforceable as if it were a fine imposed for an offence against section 42 above.

(8) No appeal shall lie from an order or declaration under this paragraph.

[F48 (9) In this paragraph “guardian”, in relation to an offender, includes any individual who, in the court’s opinion. has control of the offender.]

Textual Amendments

F47 By S.I. 1984/447, art. 2, Sch. 1 it is provided that for the sum set out in paragraph 14(1) of Schedule 4A there should be substituted the sum of £1,000 and by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 12(3)(5) it is provided that Schedule 4A should have effect with the following amendment, that is to say, in paragraph 14(1) for “£50” there should be substituted “£500”

F48 Para. 14(9) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(9)

Modifications etc. (not altering text)

C3 Power to amend para. 14(1) conferred by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 143(1)(2)(h) (as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(a)(b)(iii))

Scale of punishments and orders U.K.

15 (1) In their application to civilians, references in this Act to any punishment authorised by this Act are, subject to sub-paragraphs (4) to (7) below and to the limitation imposed in any particular case by the addition of the word “less”, references to any one or more of the punishments that may be awarded to civilians under this Act or of the orders that may be made against them under it.

(2) For the purposes of Part I of this Act—

(a) a punishment or order specified in any paragraph of one of the columns in the Table below shall be treated as less than any punishments or orders specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following it; and

(b) a fine on or compensation order against an offender’s parent or guardian shall be treated as involving the same degree of punishment as a fine of the same amount on the offender or, as the case may be, a compensation order of the same amount against him.

(3) In the Table—

(a) the first column applies in the case of a person who at the date of his conviction had attained 21 years of age;

(b) the second column applies in the case of a person who at the date of his conviction had attained 17 years of age but was under 21 years of age; and

(c) the third column applies in the case of a person who at the date of his conviction was under 17 years of age.

Table

Grading of Punishments and Orders

Offender 21 or over	Offender 17 or over but under 21	Offender under 17
1. Death.	1. Death.	1. Detention as the Secretary of State may direct.
		[F49 1A. Custodial order.]
2. Imprisonment.	2. [F50 Custody for life]	2. Reception order.
3. Fine.	3. Custodial order.	3. Fine.
[F51 3A. Community supervision order.]
4.	4. Fine.	4.
5.	5.	5.
6.	6.	6.
7.	7.
8.	8.

Note. In the application of the above Table—

(a) to a person convicted of murder who was under 18 years of age when the offence was committed, or

(b) to a person convicted of any offence who was under 18 years of age when the offence was committed and would be sentenced to death but for section 43A(3) above,

the references to death shall be omitted from the first and second columns, and a reference to detention during Her Majesty’s pleasure shall be substituted—

(i) for the reference to [F52 custody for life] in the second column, and

(ii) for the reference to detention as the Secretary of State may direct in the third column.

(4) No order requiring the giving of a consent or the making of an explanation may be made on any confirmation, review or revision of a sentence or any appeal against a sentence without the consent being given or the explanation made.

(5) If a community supervision order is made on any such confirmation, review, revision or appeal, no other order may be made except a compensation order.

(6) Where an order under paragraph 13 or 14 above was made at the trial, no other order under either of those paragraphs may be substituted for it on any such confirmation, review, revision or appeal.

(7) Where—

(a) on the trial of any person an order might have been made against his parent or guardian under paragraph 13 or 14 above, and

(b) there is power, on confirmation, review, revision or appeal, to substitute a fine or compensation order for the order made on the trial,

that power shall include—

(i) power to substitute a fine or compensation order of an equal or smaller amount under paragraph 13 above, and

(ii) power to make an order under paragraph 14 above which is not of greater severity, in the opinion of the person to whom it falls to exercise the power, than the order made on the trial.

Textual Amendments

F49 Entry inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(5)(6)

F50 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 12(4)(a)

F51 Entry inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 10(2)

F52 Word substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 12(4)(b)

Indemnity for persons carrying out orders under Schedule U.K.

16 U.K. No action shall lie in respect of anything done by any person in pursuance of an order under this Schedule if the doing thereof would have been lawful but for a defect in any instrument made for the purposes of that order.

Regulations U.K.

17 (1) The Secretary of State may by regulations make provision supplementary or incidental to the provisions of this Schedule. U.K.

(2) The power to make regulations conferred by this paragraph includes power to make provision for specified cases or classes of cases, and for the purpose of any such orders classes of cases may be defined by reference to any circumstances specified in the regulations.

(3) The power to make such regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 136.

X2 FIFTH SCHEDULE U.K. Minor Amendments

Editorial Information

X2 The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enactment	Amendment
. . . F53	. . . F53
The Army Act, 1955, 2 & 3 Eliz. 2. c. 18.	In section fifty-seven, in subsection (3),after the word “court-martial” in the second place where it occurs there shall be inserted the words “or disciplinary court”, and after the words “the Naval Discipline Act” there shall be inserted the words “and to a court-martial held in pursuance of”.
	In section seventy-four, in subsection (4), the words “petty officer or” shall be omitted and, after the words “non-commissioned officer”, in the first place where those words occur, there shall be inserted the words “or rating”.
	In the Seventh Schedule, in paragraph 12 for the words “good conduct badges” there shall be substituted the words “good conduct medal or good conduct badges or both”; and after paragraph 12 there shall be inserted the following paragraph:—
	“ 12A. Section seventy-eight shall have effect as if in subsection (3) the following paragraph were inserted after paragraph (d):— “(dd) forfeiture of good conduct medal or good conduct badges or both”. ”
The Air Force Act, 1955, 3 & 4 Eliz. 2. c. 19.	In section fifty-seven, in subsection (3),after the word “court-martial” in the second place where it occurs there shall be inserted the words “or disciplinary court” and after the words “the Naval Discipline Act” there shall be inserted the words “and to a court-martial held in pursuance of”.
	In section seventy-four, in subsection (4), the words “petty officer or” shall be omitted and, after the words “non-commissioneed officer”, in the first place where those words occur, there shall be inserted the words “or rating”.

Textual Amendments

F53 Entries repealed by Armed Forces Act 1966 (c. 45), Sch. 5, Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 6 and by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

SIXTH SCHEDULE U.K. . . . F54

Textual Amendments

F54 Sch. 6 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

SEVENTH SCHEDULE U.K. . . . F55

Textual Amendments

F55 Sch. 7 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I