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Naval Discipline Act 1957

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[F147K Release from custody after charge or during proceedings.E+W+S+N.I.

(1)This section applies where, at a hearing under section 47G(1) of this Act or on a review under section 47H(1) of this Act, the judicial officer or judge advocate (as the case may be) does not authorise keeping the accused in naval custody.

(2)Where this section applies, the accused—

(a)subject to paragraph (b) below, shall be released from naval custody forthwith, but

(b)if he is a person to whom section 51 of this Act applies or is subject to this Act by virtue of section 111(3) or (5) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer or judge advocate (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.

[F2(2A)On an application made—

(a)by or on behalf of the accused, or

(b)by the commanding officer of the accused,

any requirement imposed under subsection (2)(b) above (including such a requirement as previously varied under this subsection) may be varied or discharged by a judicial officer or, where section 47J(2) of this Act has effect, by the judge advocate in relation to the court-martial.]

(3)A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.

(4)A person guilty of an offence under this section shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

(5)Any such offence shall be treated as if it were an offence under Part I of this Act.]

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Amendments (Textual)

F1S. 47K inserted (2.10.2000) by 2000 c. 4, s. 5(3); S.I. 2000/2366, art. 2 (with Sch. para. 15)

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