Naval Discipline Act 1860

1. Introductory Text

2. PART I Articles of War

   1. Public Worship

      1. I. Public Worship to be performed.

   2. Misconduct in the Presence of the Enemy

      1. II. Penalty for Misconduct in Action.

      2. III. Penalty for not pursuing the Enemy and of not assisting a Friend in View.

      3. IV. Penalty for delaying or discouraging the Service, or deserting his Post, &c.

      4. V. Penalty for Misconduct of subordinate Officers and Men in Action.

   3. Communications with the Enemy

      1. VI. Penalty for Spies.

      2. VII. Penalty for corresponding, &c. with the Enemy.

      3. VIII. Penalty for improper Communication with the Enemy.

   4. Neglect of Duty

      1. IX. Penalty for abandoning Post, &c.

   5. Mutiny

      1. X. Penalty for Mutiny with Violence.

      2. XI. Penalty for Mutiny not accompanied by Acts of Violence.

      3. XII. Penalty for inciting to Mutiny.

      4. XIII. Penalty for Civilians endeavouring to seduce from Allegiance

      5. XIV. Penalty for making mutinous Assemblies or uttering seditious Words.

      6. XV. Penalty for concealing any traitorous or mutinous Practice, Design, or Words.

      7. XVI. Penalty for striking or offering to strike superior Officer.

   6. Insubordination

      1. XVII. Penalty for Disobedience or using threatening Language to superior Officer.

      2. XVIII. Penalty for quarrelling, &c, or using reproachful Speech or Gestures.

   7. Desertion and Absence without Leave

      1. XIX. Penalty for Desertion.

      2. XX. Penalty for inducing any Person to desert.

      3. XXI. Penalty for entertaining a Deserter.

      4. XXII. Penalty for Absence without Leave.

   8. Miscellaneous Offences

      1. XXIII. Penalty for profane Swearing and other Immoralities.

      2. XXIV. Penalty on Officer for Cruelty or Oppression.

      3. XXV. Penalty for suffering Ships to be improperly lost.

      4. XXVI. Penalty for not taking care of and defending Ships under Convoy.

      5. XXVII. Master of Merchant Vessel to obey Orders of convoying Officer.

      6. XXVIII. Penalty for taking any Goods on board other than fpr the Use of the Vessel, except Gold, Silver, Jewels, &c.

      7. XXIX. Penalty for embezzling Public Stores.

      8. XXX. Penalty for burning any Magazine or Vessel, &c. not belonging to an Enemy.

      9. XXXI. Penalty for making or signing false Musters.

      10. XXXII. Penalty for Misconduct in Hospital.

      11. XXXIII. Penalty for endeavouring to stir up any Disturbance on account of Unwholesomeness of the Victuals or other just Grounds.

      12. XXXIV. Penalty for Offences against Naval Discipline not particularly mentioned.

      13. XXXV. Penalty for not sending to the Court of Admiralty all Papers found aboard Prize Ships.

      14. XXXVI. Penalty for taking Money or other Effects out of any Prize before the same shall be condemned.

      15. XXXVII. Penalty for stripping or ill-using Persons taken on board a Prize.

      16. XXXVIII. Penalty for Offences punishable by ordinary Law.

      17. XXXIX. Offences, when punishable.

3. PART II General Provisions

   1. XL. Power of Court-martial to find Intent with which Offence committed.

   2. XLI. Power of Court-martial to find Prisoner guilty of lesser Offence on Charge of greater.

   3. XLII. Rebels and Mutineers to be deemed Enemies.

   4. XLIII. Power to arrest Offenders.

   5. XLIV. Penalty for not assisting in Detection of Prisoners.

4. PART III Regulations as to Punishments

   1. XLV. Punishments.

   2. XLVI. Regulations as to Punishments.

   3. XLVII. Limitation of Time as to Trials.

   4. XLVIII. Scale of Punishment.

   5. XLIX. Authorities having Power to try Offences.

5. PART IV Courts-martial

   1. Constitution of Courts-martial

      1. L. Constitution of Courts-martial.

   2. Proceedings of Courts-martial

      1. LI. Sittings of Courts-martial.

      2. LII. Appointment of officiating Judge Advocate.

      3. LIII. Proceedings at Trial.

      4. LIV. Oaths to be administered to Members of Courts-martial.

      5. LV. Oath to be administered to Judge Advocate, &c.

      6. LVI. Summoning Witnesses.

      7. LVII. Penalty on Persons giving false Evidence.

      8. LVIII. Where Persons are insane at the Time of Offence or Trial.

      9. LIX. Report of Proceedings of Courts-martial.

6. PART V Penal Servitude and Prisons

   1. Penal Servitude

      1. LX. Sentence of Penal Servitude.

      2. LXI. Disposal of Offender after Sentence of Penal Servitude.

      3. LXII. Subsistence of Offender.

      4. LXIII. Imprisonment of Offender already under Sentence for previous Offence.

   2. Prisons

      1. LXIV. Term and Place of Imprisonment.

      2. LXV. Place of Imprisonment may be changed, &c.

      3. LXVI. Expenses of Removal or Subsistence of Prisoners.

      4. LXVII. Proviso for Discharge or Removal of Prisoners.

      5. LXVIII. Proviso as to Time of Detention in Naval Custody.

      6. LXIX. In case of Insanity Prisoners to be removed to some Lunatic Asylum.

      7. LXX. Admiralty may set apart Buildings and Ships as Naval Prisons.

      8. LXXI. Penalties on aiding Escape or Attempt to escape of Prisoners, and on Breach of Prison Regulations.

      9. LXXII. Penalty as regards Gaolers, &c.

      10. LXXIII. Pay of Offenders to be stopped during Imprisonment, &c.

7. PART VI Supplemental Provisions

   1. LXXIV. Short Title of Act.

   2. LXXV. Commencement of Act.

   3. LXXVI. Definition Clause.

   4. LXXVII. Persons subject to this Act.

   5. LXXVIII. Land Forces embarked as Passengers.

   6. LXXIX. Other Persons embarked as Passengers.

   7. LXXX. Crews of Ships lost or destroyed.

   8. LXXXI. All the Officers and Crew of lost Ship may be tried by One Court.

   9. LXXXII. Or by separate Courts.

   10. LXXXIII. For subsequent Offence, separate Court.

   11. LXXXIV. Pay of Crews of Ships lost or taken.

   12. LXXXV. When Ship of senior Officer is lost he may dispose of Officers and Crew of lost Ship.

8. PART VII Repeal of Acts, and Saving Clause

   1. LXXXVI. Repeal of Acts and Parts of Acts.

   2. LXXXVII. Trial of Offences against repealed Acts.

   3. LXXXVIII. Reservation of Power of Admiralty.

   4. LXXXIX. Act not to supersede Authority of ordinary Courts.

9. 1. The SCHEDULE to which this Act refers

      to which this Act refers