Naval Discipline Act 1957

Execution of sentence of death

78 Confirmation and authority for execution

(1) A sentence of death passed under this Act shall not be carried out until it has been confirmed by the Admiralty.

(2) Without prejudice to the foregoing subsection, a sentence of death passed under this Act shall not be carried out in any colony except with the authority of the Governor of the colony.

79 Regulations as to execution

(1) The Admiralty may make regulations with respect to the execution of sentences of death under this Act, whether passed in the United Kingdom or elsewhere.

(2) Without prejudice to the generality of the foregoing subsection, regulations under this section may make provision with respect to all or any of the following matters, that is to say—

(a) the manner in which, the person by whom and the country or territory, place and kind of establishment (whether naval or not) where any such sentence is to be executed; and

(b) the custody and treatment of the person under sentence and his removal from one place or establishment to another between the passing and execution of the sentence,

or may authorise such person as may be specified in or determined by or under the regulations to give directions with respect to all or any of those matters.

(3) Regulations made under this section may contain such incidental and supplementary provisions as appear to the Admiralty to be necessary for the purposes of the regulations.

(4) Such provost marshal or other provost officer not below the rank of lieutenant-commander as may be specified in or determined under regulations under this section shall be responsible for the due execution of any sentence of death passed under this Act.

(5) The power of the Admiralty to make regulations under this section shall be exercisable by statutory instrument; and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

80 Execution in civil prison in the United Kingdom

(1) A person sentenced to death and committed or transferred to a civil prison in the United Kingdom in pursuance of regulations under section seventy-nine of this Act shall, while in that prison, be confined and otherwise dealt with in the same manner as a person confined therein under a like sentence of a civil court.

(2) The Capital Punishment Amendment Act, 1868, and any rules made under section seven „ of that Act, shall apply in relation to the execution in a civil prison of a sentence of death passed under this Act for any offence, but as if for references to the sheriff there were substituted references to the provost marshal or other provost officer responsible for the due execution of the sentence.