Naval Discipline Act 1957 (repealed)

81 Place of imprisonment or detention.F2 U.K.

(1) Any person sentenced under this Act to imprisonment may be confined during the term of the sentence—

(a) in any naval detention quarters;

(b) in any military establishment or air-force establishment within the meaning of Part II of the M1 Army Act 1955, or Part II of the M2 Air Force Act 1955;

(c) in any civil prison in any part of Her Majesty’s dominions;

(d) in any other establishment in which persons may be required to serve sentences of imprisonment passed under the M3 Army Act 1955, or the M4 Air Force Act 1955.

(2) Any person sentenced under this Act to detention may be confined during the term of the sentence—

(a) in any naval detention quarters;

(b) in any such military or air-force establishment as aforesaid, not being a military or air-force prison;

and may, in such cases and subject to such conditions as may be specified by or under regulations made by [F1 the Secretary of State], be temporarily detained in a military or air-force prison or a civil prison for any period not exceeding seven days.

(3) Subject to the foregoing provisions of this section, the place to which a person sentenced under this Act to imprisonment or detention is to be committed may be determined by any of the following authorities, that is to say:—

(a) in any case, [F1 the Defence Council] or the Commander-in-Chief;

(b) where the offender is tried on any foreign station, the senior naval officer present at the place where he is tried;

(c) where the offender is tried by court-martial, the officer who ordered the court-martial;

(d) where the offender is summarily tried under section forty-nine of this Act, the officer by whom he is so tried or the officer in command of the ship or naval establishment to which the offender belongs;

and a committal order made by any such authority shall be sufficient warrant for sending the offender to such place as may be specified therein, there to undergo his sentence according to law, and for detaining him in custody until he reaches that place.

Textual Amendments

F1 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1955 c. 18.

M4 1955 c. 19.

Textual Amendments applied to the whole legislation

F2 Act repealed (prosp.)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