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Naval Discipline Act 1957 (repealed)

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Status:

Point in time view as at 28/02/2002. This version of this provision has been superseded. Help about Status

Changes to legislation:

Naval Discipline Act 1957 (repealed), Section 48 is up to date with all changes known to be in force on or before 18 November 2024.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. Help about Changes to Legislation

48 Jurisdiction of courts-martial.F7U.K.

(1)Subject to the provisions of this section, any offence under Part I of this Act may be tried and punished by court-martial; and a court-martial shall have jurisdiction to try any such offence whether committed within the United Kingdom or elsewhere.

(2)A person shall not be tried by court-martial by virtue of section forty-two of this Act for a civil offence of treason, murder, manslaughter, treason-felony or rape [F1or an offence under section 1 of the Geneva Conventions Act 1957]. . . [F2or an offence under section 1 of the M1Biological Weapons Act 1974][F3or an offence under section 2 or 11 of the Chemical Weapons Act 1996][F4or an offence under section 51 or 52 of the International Criminal Court Act 2001] committed on shore within the United Kingdom; and for the purposes of this subsection an offence of murder or manslaughter [F5, or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,]. . .shall be deemed to have been committed at the place of the commission of the act or the occurrence of the neglect which caused the death, irrespective of the place of the death. [F6In this subsection the references to murder shall apply also to aiding, abetting, counselling or procuring suicide].

(3)Except as provided by subsection (3) of section thirty-eight of this Act, a person who commits an offence under that section in relation to a court-martial shall not be dealt with by that court for that offence.

Textual Amendments

F1Words in s. 48(2) inserted (1.9.2001) by 2001 c. 17, s. 74(2)(a) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

F3Words in s. 48(2) inserted (16.9.1996) by 1996 c. 6, s. 35(c) (with s. 37); S.I. 1996/2054, art. 2

F4Words in s. 48(2) inserted (1.9.2001) by 2001 c. 17, s. 74(2)(b) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

F5Words in s. 48(2) inserted (1.9.2001) by 2001 c. 17, s. 74(3) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

Marginal Citations

Textual Amendments applied to the whole legislation

F7Act 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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