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Naval Discipline Act 1957 (repealed)

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Changes over time for: Section 52D

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No versions valid at: 01/02/1991

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Point in time view as at 01/02/1991. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

Naval Discipline Act 1957 (repealed), Section 52D is up to date with all changes known to be in force on or before 04 November 2024.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

Valid from 01/04/1997

[F152D Summary trial.F2U.K.

(1)This section applies where a charge is to be tried summarily.

(2)If the commanding officer considers that, if the charge were proved, he would award a punishment—

(a)in the case of a warrant officer, of disrating, a fine or stoppages;

(b)in the case of any other rating, of dismissal from Her Majesty’s service, detention or disrating,

he shall afford the accused an opportunity of electing court-martial trial.

(3)If the accused so elects and does not withdraw his election with leave, the commanding officer shall refer the charge to higher authority with a view to the trial of the accused by court-martial.

(4)If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall refer the charge back to the commanding officer of the accused to be tried summarily.

(5)If, in the course of trying the charge, the commanding officer considers that it should not be tried summarily, he may refer the charge to higher authority.

(6)If the commanding officer determines that the charge has not been proved, he shall acquit the accused.

(7)If the commanding officer determines that the charge has been proved, he shall record a finding of guilt and award punishment accordingly.

(8)A commanding officer shall not have power on a summary trial to award a sentence of dismissal with disgrace from Her Majesty’s service, a sentence of imprisonment or a sentence of detention for any term exceeding three months.]

Textual Amendments

F1SS. 52B-52G inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 13; S.I. 1997/304, art. 2 (with art. 3)

Textual Amendments applied to the whole legislation

F2Act 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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