Naval Discipline Act 1957 (repealed)

110 Certificates of arrest or surrender. F4 U.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 [F1 proper officer] of the court, by such person as [F2 the 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 [F2 the Secretary of State] by statutory instrument.

Textual Amendments

F1 Words in s. 110(2) substituted (1.4.2001) by 1999 c. 22, s. 98, Sch. 13 paras. 22, 23(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F2 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F3 S. 110(2A) inserted (1.4.2001) by 1999 c. 22, s. 98, Sch. 13 paras. 22, 23(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C1 S. 110 as read with s. 126 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

C2 S. 110(2) modified by Armed Forces Act 1966 (c. 45), s. 33

Textual Amendments applied to the whole legislation

F4 Act repealed (prosp.)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