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Naval Discipline Act 1957 (repealed)

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Changes over time for: Section 110

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Version Superseded: 01/04/2005

Status:

Point in time view as at 01/04/2001. This version of this provision has been superseded. Help about Status

Changes to legislation:

Naval Discipline Act 1957 (repealed), Section 110 is up to date with all changes known to be in force on or before 08 March 2025. 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. Help about Changes to Legislation

110 Certificates of arrest or surrender. F4U.K.

(1)Where an officer of police causes any person to be delivered into naval custody under section one hundred and eight of this Act without being brought before a court of summary jurisdiction, there shall be handed over with that person a certificate in the prescribed form signed by the officer of police, containing a statement of the fact, date, time and place of surrender and whether or not the said person was at the time of surrender wearing the uniform of any of Her Majesty’s naval forces.

(2)Where a court of summary jurisdiction causes any person to be delivered into naval custody under section one hundred and nine of this Act, or any person is so delivered after having been committed under that section, there shall be handed over with him a certificate in the prescribed form, signed by a justice of the peace, containing—

(a)a statement of the fact, date, time and place of arrest or surrender, and whether or not the said person was, at the time of arrest or surrender, wearing the uniform of any of Her Majesty’s naval forces; and

(b)such particulars of the proceedings before the court as may be prescribed;

and for any such certificate there shall be payable to the [F1proper officer] of the court, by such person as [F2the Defence Council] may direct, such fee (if any) as may be prescribed.

[F3(2A)In subsection (2) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction elsewhere, the clerk of the court.]

(3)In this section “prescribed” means prescribed by regulations made by [F2the Secretary of State] by statutory instrument.

Textual Amendments

F2Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C1S. 110 as read with s. 126 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

Textual Amendments applied to the whole legislation

F4Act 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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