Naval Discipline Act 1957 (repealed)

13 [F1 (1) Where— U.K.

(a) a civilian under 17 years of age is found guilty of any offence; and

(b) the court is of the opinion that the case would best be met (whether or not in conjunction with any other punishment) by the exercise of any power of the court to impose a fine in respect of the offence or to make a compensation order in respect of the offence or any other offence taken into consideration in determining sentence,

it shall be the duty of the court to order that the fine or compensation awarded be paid by any parent or guardian of his who is a service parent or guardian, instead of by the person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(2) An order under this paragraph may be made against the parent or guardian if—

(a) he has been required to attend in the manner prescribed by [F2 rules] under section 58 of this Act, and

(b) he has failed to do so,

but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.]

[F3 (3) A parent or guardian on or against whom a fine has been imposed or compensation order made under this paragraph may present a petition in accordance with [F4 section 70(1)] of this Act against sentence or may appeal against sentence in accordance with section 8 of the M1 Courts-Martial (Appeals) Act 1968 as if he had been convicted of and sentenced for the offence by the court-martial.]

(4) If a parent or guardian against whom a fine is so imposed or an order so made—

(a) is subject to this Act, or

(b) is a member of the regular forces, as defined by section 225(1) of the M2 Army Act 1955, or

(c) is a member of the regular air force, as defined by section 223(1) of the M3 Air Force Act 1955,

any sum which he is liable to pay, in so far as not otherwise paid by him, may be deducted from his pay.

[F5 (5) In this paragraph “guardian”, in relation to an offender, includes any individual who, in the court’s opinion, had at the time of the offence care or control of the offender.]

Textual Amendments

F1 Sch. 4A para. 13(1)(2) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 12(2)

F2 Word in Sch. 4A para. 13(2)(a) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 98; S.I. 1997/304, art. 2 (with art. 3)

F3 Para. 13(3) substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(7)

F4 Words in Sch. 4A para. 13(3) substituted (1.4.1997 with savings) by 1996 c. 46, s. 35(1), Sch. 6 para. 8; S.I. 1997/304, art. 2 (with art. 3)

F5 Para. 13(5) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(8)

Marginal Citations

M1 1968 c. 20.

M2 1955 c. 18.

M3 1955 c. 19.

Textual Amendments applied to the whole legislation

F6 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