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SCHEDULES

SCHEDULE 3Required custodial sentences

Naval Discipline Act 1957 (c. 53)

7In paragraph 3 of Schedule 4A to the 1957 Act (powers of court on trial of civilian)—

(a)in sub-paragraph (1) (absolute and conditional discharge of civilians) for the words “(not being an offence the sentence for which is fixed by law or falls to be imposed under section 42(1A) above) may” there is substituted “may (subject to sub-paragraph (1A) below)”, and

(b)after that sub-paragraph there is inserted—

(1A)No order may be made under this paragraph if—

(a)the offence of which the civilian is found guilty is an offence against section 42 of this Act constituted by a civil offence for which the sentence is fixed by law, or

(b)the civilian is a person to whom subsection (1B), (1E) or (1G) of that section applies and the court-martial is not of the opinion mentioned in that subsection.