Naval Discipline Act 1957 (repealed)

[F1 71B Review of summary findings and awards.F7 U.K.

(1) This section applies where on a summary trial the accused has been found guilty of any offence.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The finding or any [F3 punishment] awarded (or both) may be reviewed at any F4 . . .time.

(4) A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.

(5) A review under this section may be carried out by—

(a) the Defence Council;

(b) any naval officer superior in command to the officer who tried the charge summarily;

(c) a flag officer appointed by the Defence Council to carry out the review or any class of review which includes the review.

[F5 (5A) Where—

(a) the period of fourteen days referred to in subsection (2) of section 52FK of this Act has expired, and

(b) no appeal has been brought under that section,

the authority carrying out a review under this section may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both) to that court to be considered by it as on an appeal.

F5 (5B) Where an appeal has been brought under section 52FK of this Act and it appears to the authority carrying out a review under this section, on consideration of matters appearing to him not to have been brought to the notice of the summary appeal court on the appeal, to be expedient to do so, he may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both), including any finding or punishment substituted or awarded by the summary appeal court, to that court to be co sidered or reconsidered by that court as on an appeal.

F5 (5C) A reference to the summary appeal court under subsection (5A) or (5B) of this section shall for the purposes of this Act be treated as an appeal brought by the person to whom the finding or punishment relates against the finding or punishment.

F5 (5D) In a case where exceptionally the authority carrying out a review under this section of a finding considers it necessary to do so, the authority may quash that finding and, if the punishment awarded relates only to that finding, quash the punishment awarded in consequence of that finding.

F5 (5E) The powers conferred by subsection (5D) of this section are exercisable whether or not the conditions in subsection (5A)(a) and (b) are satisfied.]

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 S. 71B inserted (1.4.1997 with savings) by 1996 c. 46, s. 16, Sch. 5 para. 12; S.I. 1997/304, art. 2 (with art. 3)

F2 S. 71B(2) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 10(2), Sch. 4; S.I. 2000/2366, art. 2 (with Sch. para. 15)

F3 Word in s. 71B(3) substituted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 20(3)(a); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F4 Word in s. 71B(3) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 20(3)(b), Sch. 4; S.I. 2000/2366, art. 2 (with Sch. para. 15)

F5 S. 71B(5A)-(5E) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 20(4); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F6 S. 71B(6)(7) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 20(5), Sch. 4; S.I. 2000/2366, art. 2 (with Sch. para. 15)

Modifications etc. (not altering text)

C1 S. 71B(5A)(5B) modified (2.10.2000) by S.I. 2000/2370, rule 13(7)

Textual Amendments applied to the whole legislation

F7 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