Search Legislation

Naval Discipline Act 1957 (repealed)

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 52D

 Help about opening options

Version Superseded: 04/06/2007

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Point in time view as at 28/02/2002. This version of this provision has been superseded.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Naval Discipline Act 1957 (repealed), Section 52D is up to date with all changes known to be in force on or before 07 November 2024.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

[F152D Summary trial.F11U.K.

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

(2)If [F2the charge is against a rating and]] 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.

[F3(2ZA)If the charge is against an officer, the appropriate superior authority shall afford the accused the opportunity of electing court-martial trial.]

[F4(2A)Where in accordance with regulations under section 52F of this Act two or more charges are together to be tried summarily, any election for court-martial trial must relate to all the charges concerned.]

(3)If the accused [F5elects court-martial trial] and does not withdraw his election with leave, the commanding officer [F6or appropriate superior authority] shall refer the charge to higher authority with a view to the trial of the accused by court-martial.

[F7(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a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall—

(a)if the accused is a rating, refer the charge back to the commanding officer of the accused;

(b)if the accused is an officer, refer the charge back to the appropriate superior authority;

for the commanding officer or appropriate superior authority to try the charge summarily.]

[F8(4A)Subsections (2) and (2ZA) above do not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the commanding officer or appropriate superior authority under subsection (4) above.

(4B)If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.

(4C)Where under subsection (4B) above a charge is amended or one charge is substituted for another, subsection (2) or (2ZA) above applies in relation to the amended or substituted charge.]

(5)If, in the course of trying the charge, the commanding officer [F9or appropriate superior authority] considers that it should not be tried summarily, he may refer the charge to higher authority.

(6)If the commanding officer [F9or appropriate superior authority] determines that the charge has not been proved, he shall acquit the accused.

(7)If the commanding officer [F9or appropriate superior authority] determines that the charge has been proved, he shall record a finding of guilt and award punishment accordingly.

(8)A commanding officer [F9or appropriate superior authority] 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.

[F10(9)Nothing in this section or section 52C of this Act shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.]

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)

F2Words in s. 52D(2) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(2); S.I. 2002/345, art. 2 (subject to art. 3)

F3S. 52D(2ZA) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(3); S.I. 2002/345, art. 2 (subject to art. 3)

F4S. 52D(2A) inserted (2.10.2000) by 2000 c. 4, s. 11(4); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F5Words in s. 52D(3) substituted (2.10.2000) by 2000 c. 4, s. 11(5); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F6Words in s. 52D(3) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(4); S.I. 2002/345, art. 2 (subject to art. 3 )

F7S. 52D(4) substituted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(5); S.I. 2002/345, art. 2 (subject to art. 3)

F8S. 52D(4A)-(4C) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(6); S.I. 2002/345, art. 2 (subject to art. 3)

F9Words in s. 52D(5)-(8) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(7); S.I. 2002/345, art. 2 (subject to art. 3)

F10S. 52D(9) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 11(8); S.I. 2002/345, art. 2 (subject to art. 3)

Textual Amendments applied to the whole legislation

F11Act 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

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?