Naval Discipline Act 1957 (repealed)

[F1[F252II[F3Referral of case to commanding officer]F7U.K.

(1)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(2A)Where—

(a)a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,

(b)the prosecuting authority—

(i)in respect of the case or part of the case, does not determine any charge to be preferred, or

(ii)before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and

(c)the accused is below the rank of captain,

the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.]

[F6(3)Where a case is referred to a commanding officer under this section, he shall deal with such charge as he considers appropriate in relation to the case as if it had been reported to him under section 52B(1) of this Act.

(4)Where part of a case is referred to a commanding officer under this section, he shall deal with such charge as he considers appropriate in relation to that part of the case as if it had been reported to him under section 52B(1) of this Act.]]]

Textual Amendments

F1Crossheading and ss. 52H-52J inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 16; S.I. 1997/304, art. 2 (with art. 3)

F2S. 52II inserted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 4; S.I. 2000/2366, art. 2

F5S. 52II(2A) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 14(2); S.I. 2002/345, art. 2 (subject to art. 3)

F6S. 52II(3)(4) substituted (18.7.2008) for s. 52II(3) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694, art. 21(4) (with Sch. para. 2)

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F7Act repealed (prosp.)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