Naval Discipline Act 1957 (repealed)

109 Proceedings before summary courts. F6 U.K.

(1) Where a person who is brought before a court of summary jurisdiction as being illegally absent from any of Her Majesty’s naval forces admits that he is so absent and the court is satisfied of the truth of the admission, the court may in any case, and shall unless he is in custody for some other cause, forthwith either—

(a) cause him to be delivered into naval custody in such manner as the court may think fit; or

[F1 (b) where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into naval custody.]

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a person who is brought as aforesaid does not admit that he is illegally absent as aforesaid, or does so admit but the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and thereupon—

(a) if the court is satisfied that he is subject to this Act and is of opinion that there is sufficient evidence to justify his being tried under Part II of this Act for an offence of desertion, absence without leave or improperly leaving his ship . . . F3 , the court may in any case, and shall unless he is in custody for some other cause, either cause him to be delivered into naval custody or [F4 , where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into naval custody];

(b) in any other case the court shall, unless he is in custody for some other cause, discharge him.

(4) The following provisions of [F5 the M1 Magistrates’ Courts Act 1980], that is to say the provisions relating to the constitution and procedure of courts of summary jurisdiction acting as examining justices and conferring powers of adjournment and remand on such courts so acting, and the provisions as to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses, shall apply to any proceedings under this section; and for the purposes of any such proceedings, a certificate purporting to be signed by the officer in command of any of Her Majesty’s ships or naval establishments and stating that a person is subject to this Act and is illegally absent as aforesaid shall be evidence of the matters so stated.

Textual Amendments

F1 S. 109(1)(b) substituted (2.10.2000) by 2000 c. 4, s. 9(3)(a); S.I. 2000/2366, art. 2

F2 S. 109(2) repealed (2.10.2000) by 2000 c. 4, ss. 9(3)(b), 27, Sch. 4; S.I. 2000/2366, art. 2

F3 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F4 Words in s. 109(3)(a) substituted (2.10.2000) by 2000 c. 4, ss. 9(3)(c), 27, Sch. 4; S.I. 2000/2366, art. 2

F5 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43), Sch. 8 para. 5

Modifications etc. (not altering text)

C1 S. 109 as read with s. 126 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

Marginal Citations

M1 1980 c. 43.

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