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Naval Discipline Act 1957 (repealed)
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Changes over time for: Section 47
Version Superseded: 01/04/2005
Alternative versions:
- 01/02/1991- Amendment
- 04/11/1996
Point in time - 01/04/2005- Amendment
- 31/10/2009- Amendment
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Naval Discipline Act 1957 (repealed), Section 47 is up to date with all changes known to be in force on or before 13 November 2024. 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.
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47 Evidence of arrest or surrender.F3U.K.
(1)In any proceedings for an offence under Part I of this Act against a person who—
(a)has surrendered himself to any consular officer;
(b)has been taken on arrest or surrender into the custody of a provost officer; or
(c)has been taken on arrest or surrender into custody at any police station, guard-room or other place in any part of Her Majesty’s dominions,
a certificate purporting to be signed by the consular or provost officer, or the officer in charge of the police station, guard-room or other place, as the case may be, containing a statement of the fact, date, time and place of arrest or surrender, and whether or not the person charged was wearing the uniform of any of Her Majesty’s naval forces at the time of arrest or surrender, shall be evidence of the matter therein contained.
(2)In any proceedings for an offence of desertion, absence without leave or improperly leaving his ship . . . F1 against a person who on arrest or surrender has been brought before a court of summary jurisdiction in accordance with the provisions of Part III of this Act, a certificate purporting to be signed by a justice of the peace containing a statement of the fact, date, time and place of arrest or surrender, and whhe person charged was wearing the uniform of any of Her Majesty’s naval forces at the time of arrest og such particulars as to the proceedings before the court as may be prescribed by regulations made by [F2the Defence Council] by statutory instrument, shall be evidence of the matter therein contained.
(3)In this section “provost officer” includes a corresponding officer of any of the forces of a Commonwealth country, or of a force raised under the law of any colony.
Textual Amendments
F1Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
F2Words substituted by S.I. 1964/488, Sch. 1 Pt. I
Modifications etc. (not altering text)
C1S. 47(2) modified by Armed Forces Act 1966 (c. 45), s. 33
Textual Amendments applied to the whole legislation
F3Act 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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