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Naval Discipline Act 1957 (repealed)
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Changes over time for: Section 50
Version Superseded: 01/04/1997
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/04/1997- Amendment
- 31/10/2009- Amendment
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Naval Discipline Act 1957 (repealed), Section 50 is up to date with all changes known to be in force on or before 12 August 2024.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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50 Disciplinary courts.F3U.K.
(1)If an officer of Her Majesty’s naval forces below the rank of commander is charged in time of war with an offence to which this section applies, the authority having power under this Act to order a court-martial for the trial of that offence may, if it appears to that authority that the offence is not of such a nature as to necessitate trial by such a court, order a disciplinary court in place of a court-martial; and a disciplinary court so ordered shall have power, subject to the provisions of this section and of any orders made thereunder, to try and punish the offence accordingly.
(2)This section applies to any offence triable by court-martial under this Act other than an offence under the following provisions of this Act, that is to say:—
[F1(a)sections 2 to 4, 6, 9, 10, 23 and 24, section 29(1) so far as relating to public or service property, section 29A, and sections 34 to 37 and 42;]
(b)sections forty and forty-one, so far as applicable to an offence under any of the provisions mentioned in paragraph (a) of this subsection.
(3)A disciplinary court shall consist of not less than three nor more than five officers, being officers of Her Majesty’s naval forces subject to this Act, and shall include at least one member who is not below the rank of commander.
(4)The officer who orders a disciplinary court shall not be a member of the court.
(5)[F2The Secretary of State] may by statutory instrument make orders as to the assembling, constitution, procedure and practice of disciplinary courts; and such orders may apply in relation to disciplinary courts and to proceedings of such courts, with the necessary modifications, any provisions of this Part of this Act or of General Orders in force thereunder relating to courts-martial and proceedings of courts-martial.
(6)A disciplinary court shall not have power to award any punishment greater than dismissal from Her Majesty’s service.
Textual Amendments
F1S. 50(2)(a) substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 2(2)
F2Words substituted by S.I. 1964/488, Sch. 1 Pt. I
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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