Naval Discipline Act 1957 (repealed)

70 Review by Admiralty of finding and sentence. F8 U.K.

(1) Any finding of guilty under this Part of this Act, and any sentence awarded in respect of such a finding [F1 or under section 38(3) of this Act][F2 and any finding by a court-martial under section 63(1) of this Act that a person is unfit to stand his trial or is not guilty by reason of insanity], may be reviewed by [F3 the Defence Council] at any time, and in the case of trial by court-martial shall be so reviewed as soon as practicable after [F3 the Defence Council] have received the record of the proceedings.

(2) Without prejudice to the foregoing subsection, a person convicted under this Part of this Act by a court-martial [F2 [F4 sentenced under section 38(3) of this Act or found under section 63(1) of this Act] to be unfit to stand his trial or to be not guilty by reason of insanity] may at any time present a petition to [F3 the Defence Council] against the finding or sentence or both; and in any such case [F3 the Defence Council] shall, as soon as practicable after the presentation of the petition and after consideration of the matters alleged therein, review the finding or sentence or both, as the case may be.

(3) If an application for leave to appeal against a conviction by court-martial under this Part of this Act [F2 or a finding of a court-martial under s. 63(1)][F5 or a sentence of a court-martial] is received by the registrar of the Courts-Martial Appeal Court, or if the said registrar receives particulars of such an application furnished in pursuance of [F6 section 9(4)(b) of the M1 Courts-Martial (Appeals) Act 1968], so much of subsections (1) and (2) of this section as requires [F3 the Defence Council] to review the finding [F5 or sentence] of a court-martial shall cease to have effect in relation to that conviction [F2 or finding][F5 or sentence].

[F7 (4) The functions of the Defence Council under this section and sections 71, 71A and 72 below may be discharged by the Admiralty Board or by any officer empowered in that behalf by that Board; and for the purposes of any enactment (including the provisions of this Act hereinbefore referred to) anything done, and any document purporting to be an order or direction made or given, by the Admiralty Board or by any such officer in or in connection with the discharge of any such functions shall be of the same effect as if done, or as if a document purporting to be an order or direction made or given, by the Defence Council.]

Textual Amendments

F1 Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 1(3)(a)

F2 Words inserted by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch. 2 Pt. II

F3 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F4 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 1(3)(b)

F5 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 3

F6 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

F7 S. 70(4) added by Armed Forces Act 1971 (c. 33), s. 51

Modifications etc. (not altering text)

C1 S. 70 power to restrict conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(4)(b)

Marginal Citations

M1 1968 c. 20.

Textual Amendments applied to the whole legislation

F8 Act 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