Naval Discipline Act 1957 (repealed)

Constitution of courts-martialF10 U.K.

Textual Amendments applied to the whole legislation

F10 Act repealed (prosp.)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

53 Ordering of courts-martial. U.K.

(1) Subject to the provisions of this section, a court-martial may be ordered by [F1 the Defence Council], or by any officer of the Royal Navy who is authorised in that behalf by commission granted by [F1 the Defence Council.]

(2) Where an officer authorised as aforesaid, and being in command of any fleet or squadron of Her Majesty’s ships abroad, dies, is recalled, leaves his station or is removed from his command, the officer on whom the command of the fleet or squadron for the time being devolves, may exercise the like power to order courts-martial as was exercisable by the officer authorised as aforesaid.

[F2 (3) Any officer authorised to order courts-martial by commission of the Defence Council, and any officer having the like power by virtue of his being in command of a fleet or squadron formerly under the command of such an officer, may from time to time by commission authorise any officer of the Royal Navy under his command to order courts-martial; and any commission granted by virtue of this subsection shall continue in force until revoked by the officer by whom it was granted, by the officer for the time being having command of the fleet or squadron formerly commanded by that officer, or by the Defence Council.]

(4) . . . F3

(5) Where it appears to an officer authorised by or under this section to order a court-martial in respect of any matter that by reason of his own concern with that matter it is undesirable for him to determine whether a court-martial should be ordered, he shall either—

(a) request a flag officer to act on his behalf; or

(b) if no such officer is available, give notice of the case to [F1 the Defence Council];

and a flag officer so requested to act may order a court-martial accordingly . . . F4 whether or not he is otherwise authorised to order a court-martial.

Textual Amendments

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

F2 S. 53(3) substituted by Armed Forces Act 1971 (c. 33), s. 48(3)

F3 Ss. 53(4), 72(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

F4 Words repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

Valid from 01/04/1997

[F5 53A Court administration officers. U.K.

In this Act—

• “court administration officer” means an officer (or other person) appointed by the Defence Council to order courts-martial and perform such other functions as may be prescribed by rules under section 58 of this Act; and

• “the court administration officer”, in relation to a court-martial, means the court administration officer who ordered the court-martial and includes his successor or any person for the time being exercising his or his successor’s functions.]

Textual Amendments

F5 Ss. 53A, 53B and 53C inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 51; S.I. 1997/304, art. 2 (with art. 3)

Valid from 01/04/1997

F6 53B Judge advocates. U.K.

(1) In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the Chief Naval Judge Advocate to be a member of the court-martial.

(2) No person shall be appointed as the judge advocate unless he is—

(a) a person who has a five year general qualification within the meaning of section 71 of the M1 Courts and Legal Services Act 1990;

(b) an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or

(c) a member of the Bar of Northern Ireland of at least five years’ standing.

(3) Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.

(4) Any directions given by the judge advocate shall be binding on the court.

Textual Amendments

F6 Ss. 53A, 53B and 53C inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 51; S.I. 1997/304, art. 2 (with art. 3)

Marginal Citations

M1 1990 c. 41.

Valid from 01/04/1997

F7 53C Ordering of courts-martial. U.K.

(1) On being notified by the prosecuting authority of the charge preferred, a court administration officer shall order a court-martial.

(2) The order assembling the court-martial shall specify—

(a) the date, time and place at which the court-martial is to sit;

(b) the officers who are to be members of the court-martial;

(c) which of those officers is to be president of the court-martial;

(d) any other officers appointed for the purpose of filling vacancies,

and shall state that a judge advocate appointed by or on behalf of the Chief Naval Judge Advocate is to be a member of the court-martial.

(3) At any time before the commencement of the trial, the court administration officer may, in accordance with rules under section 58 of this Act, amend or withdraw the order assembling the court-martial.

(4) The following shall not be eligible to be members of a court-martial for the trial of a charge—

(a) the court administration officer;

(b) an officer who at any time between the date on which the preliminary charge was reported to the commanding officer of the accused and the date of the trial has been the commanding officer of the accused;

(c) the higher authority to whom the preliminary charge against the accused was referred;

(d) any other officer who has investigated the subject matter of the charge against the accused;

(e) any other officer who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused.

(5) In subsection (4) above “the preliminary charge” means the charge referred to higher authority by the commanding officer of the accused.

Textual Amendments

F7 Ss. 53A, 53B and 53C inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 51; S.I. 1997/304, art. 2 (with art. 3)

54 Composition of courts-martial. U.K.

(1) A court-martial shall consist of not less than five nor more than nine officers, being officers of Her Majesty’s naval forces subject to this Act who are of or above the rank of lieutenant.

[F8 (2) No officer shall be appointed a member of a court-martial except an officer who for a period of not less than 3 years or periods amounting in the aggregate to not less than 3 years has held a commission in any of the armed forces of the Crown or been an officer in Queen Alexandra’s Royal Naval Nursing Service or the Women’s Royal Naval Service or in any reserve of either of those services.]

(3) The members of a court-martial, and such spare members as the authority ordering the court-martial considers appropriate for the purpose of filling vacancies, shall be nominated by that authority.

(4) The officer who orders a court-martial shall not be a member of the court-martial; and no court-martial shall consist of officers all of whom belong to the same ship or naval establishment.

(5) The president of a court-martial shall not be below the rank of captain, and in the case of a court-martial for the trial of an officer of flag rank shall be an officer of flag rank.

(6) A court-martial for the trial of an officer of flag rank shall not include any member below the rank of captain.

(7) A court-martial for the trial of a commodore or captain shall not include any member below the rank of commander.

(8) A court-martial for the trial of a commander shall include at least two members, in addition to the president, who are not below the rank of commander.

Textual Amendments

F8 S. 54(2) substituted by Armed Forces Act 1976 (c. 52), s. 4, Sch. 2 para. 1

55 Officials of courts-martial. U.K.

(1) For the purposes of every court-martial there shall be appointed a judge advocate and a clerk of the court, who shall respectively perform such functions at and in relation to the trial as may be prescribed by this Part of this Act or by General Orders made thereunder.

(2) The judge advocate and the clerk of the court may be appointed respectively by the authority by whom the court-martial is ordered or by such officer as that authority may direct; and in default of any such appointment, the judge advocate or clerk of the court as the case may be, shall be appointed by the officer nominated as president of the court-martial.

56 Place and time of sittings of courts-martial. U.K.

(1) A court-martial shall be held on board such of Her Majesty’s ships or vessels, or at such premises on shore, whether within or out of the United Kingdom, as may be appointed by the authority ordering the court-martial, or by any officer designated in that behalf by that authority.

(2) A court-martial may, if it appears to the court to be expedient in the interests of justice, be adjourned, either generally or for the purpose of any part of the proceedings, to any other ship, vessel or place and shall, if so required by the authority or officer referred to in subsection (1) of this section, be adjourned to any other ship, vessel or place appointed by that authority or officer.

(3) Without prejudice to the provisions of the last foregoing subsection, a court-martial may, if it appears to the court that an adjournment is desirable for any reason, be adjourned for such period as the court thinks fit:

Provided that except with the consent of the accused and the prosecutor the period for which the court may be adjourned under this subsection shall not on any occasion exceed six days.

(4) Subject to the provisions of this section, a court-martial shall, unless prevented by weather or other unavoidable cause, sit from day to day (with the exception of Sundays) until the court has arrived at a finding and, in the case of a conviction, until sentence is pronounced.

Valid from 01/04/1997

[F9 56A Dissolution of courts-martial. U.K.

(1) Where, before the commencement of the trial, it appears to the court administration officer necessary or expedient in the interests of the administration of justice that a court-martial be dissolved, he may by order dissolve the court-martial.

(2) Where, after the commencement of the trial, it appears to the judge advocate necessary or expedient in the interests of the administration of justice that a court-martial be dissolved, he may by order dissolve the court-martial.

(3) If after the commencement of the trial the president dies or is otherwise unable to attend, the court-martial shall be dissolved.

(4) Where a court-martial is dissolved the accused may be tried by another court.]

Textual Amendments

F9 S. 56A inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 55; S.I. 1997/304, art. 2 (with art. 3)

57 Quorum. U.K.

(1) If at any time between the nomination of the members of a court-martial and the pronouncement of sentence by that court the president dies or is otherwise unable to attend, the court shall be dissolved and the accused may be tried by another court.

(2) The proceedings of a court-martial shall be valid notwithstanding the absence of one or more of the members other than the president, so long as the number of members present throughout the proceedings is not reduced below four:

Provided that a member of the court who has been absent for any time during a sitting shall take no further part in the proceedings.

(3) Nothing in this section shall prejudice any power of the authority by whom a court-martial is ordered to dissolve the court.