Naval Discipline Act 1957

1. Introductory Text

2. PART I Articles of war

   1. Public worship

      1. 1. Public worship to be performed

   2. Misconduct in action and assistance to enemy

      1. 2. Misconduct in action by persons in command

      2. 3. Misconduct in action by other officers and men

      3. 4. Obstruction of operations

      4. 5. Corresponding with, supplying or serving with the enemy

   3. Neglect of duty

      1. 6. Sleeping on watch or abandoning post

      2. 7. Neglect of duty

   4. Mutiny

      1. 8. Definition of " mutiny "

      2. 9. Offences of mutiny

      3. 10. Failure to suppress mutiny

   5. Insubordination and similar offences

      1. 11. Striking superior officer

      2. 12. Disobedience or threatening superior officer

      3. 13. Fighting and quarrelling

      4. 14. Obstruction of provost officers

   6. Desertion and absence without leave

      1. 15. Definition of " desertion "

      2. 16. Offences of desertion

      3. 17. Absence without leave, etc.

      4. 18. Failure to report deserters and absentees

   7. Navigation and flying offences

      1. 19. Loss or hazarding of ship or aircraft

      2. 20. Dangerous flying, etc.

      3. 21. Low flying

      4. 22. Annoyance by flying

   8. Prize offences

      1. 23. Prize offences by commanding officers

      2. 24. Other prize offences

   9. Other offences in respect of ships and aircraft

      1. 25. Inaccurate certification

      2. 26. Improper carriage of goods

   10. Malingering and drunkenness

       1. 27. Malingering

       2. 28. Drunkenness

   11. Offences relating to property

       1. 29. Misapplication and destruction of public and service property

       2. 30. Loss and waste of public and service property

       3. 31. Offences relating to issues and decorations

   12. Offences relating to billeting and requisitioning of vehicles, etc.

       1. 32. Billeting offences

       2. 33. Offences in relation to requisitioning of vehicles, etc.

   13. Miscellaneous offences

       1. 34. Unauthorised disclosure of information

       2. 35. Falsification of documents

       3. 36. Cruelty or scandalous conduct by officers

       4. 37. Disgraceful conduct

       5. 38. Offences in relation to courts-martial

       6. 39. Conduct to the prejudice of naval discipline

   14. Attempts and aiding and abetting

       1. 40. Attempt to commit naval offence

       2. 41. Aiding and abetting of naval offence

   15. Civil offences

       1. 42. Civil offences

   16. Punishments

       1. 43. Scale of punishments

       2. 44. Supplementary provisions as to punishments

3. PART II Trial and punishment of offences

   1. Arrest

      1. 45. Duty to bring offenders to justice and powers of arrest

      2. 46. Provisions for avoiding delay after arrest

      3. 47. Evidence of arrest or surrender

   2. Jurisdiction

      1. 48. Jurisdiction of courts-martial

      2. 49. Summary trial

      3. 50. Disciplinary courts

      4. 51. Jurisdiction to try offenders no longer subject to this Act

      5. 52. Limitation of time for trial

   3. Constitution of courts-martial

      1. 53. Ordering of courts-martial

      2. 54. Composition of courts-martial

      3. 55. Officials of courts-martial

      4. 56. Place and time of sittings of courts-martial

      5. 57. Quorum

   4. Proceedings of courts-martial

      1. 58. General Orders as to procedure of courts-martial

      2. 59. Challenge by accused

      3. 60. Administration of oaths

      4. 61. Courts-martial to sit in open court

      5. 62. Finding and sentence

      6. 63. Special finding of insane at time of trial or offence

      7. 64. Summoning of witnesses

      8. 65. Contempt of court-martial by civilians

      9. 66. Record of proceedings of courts-martial

   5. Power to convict of mitigated or alternative offence

      1. 67. Power to convict of mitigated offence

      2. 68. Power to convict of alternative offence

      3. 69. Power to convict of attempt notwithstanding proof of completed offence

   6. Review of finding and sentence

      1. 70. Review by Admiralty of finding and sentence

      2. 71. Power to quash or alter findings

      3. 72. Power to remit or alter sentences

      4. 73. Saving for functions of Judge Advocate of Her Majesty's Fleet

   7. Special powers of Admiralty

      1. 74. Power to dispense with trial of persons confessing to desertion

      2. 75. Forfeiture of pay and effects of certain absentees

      3. 76. Restitution or compensation on conviction of larceny, etc.

      4. 77. Effect of appeal against conviction on order for restitution or compensation

   8. Execution of sentence of death

      1. 78. Confirmation and authority for execution

      2. 79. Regulations as to execution

      3. 80. Execution in civil prison in the United Kingdom

   9. Service of sentence of imprisonment or detention

      1. 81. Place of imprisonment or detention

      2. 82. Naval Detention Quarters Rules

      3. 83. Service of sentence in civil prison in the United Kingdom

      4. 84. Removal of certain prisoners

   10. Commencement and duration of sentences of imprisonment and detention

       1. 85. Commencement of sentences

       2. 86. Consecutive sentences

       3. 87. Periods of compassionate release

       4. 88. Periods of unlawful absence

       5. 89. Limitation of total period of sentences of detention

   11. Suspension and reconsideration of sentences of imprisonment and detention

       1. 90. Suspension of sentences

       2. 91. Committal or re-committal of persons under suspended sentence

       3. 92. Reconsideration of sentences

4. PART III Provisions relating to civilians and civil authorities

   1. Offences by civilians triable by court-martial

      1. 93. Spying in ships or in naval establishments abroad

      2. 94. Seduction from duty in ships or in naval establishments abroad

      3. 95. Arrest and jurisdiction

   2. Offences punishable by civil courts

      1. 96. False pretence of desertion or absence without leave

      2. 97. Procuring or assisting desertion or absence without leave

      3. 98. Unlawful purchase of naval property

      4. 99. Illegal dealings in official documents

      5. 100. Jurisdiction and application of summary fines

   3. Process and execution in certain civil proceedings

      1. 101. Service of proceedings for maintenance, etc.

      2. 102. Exemption of naval property from execution

   4. Arrest and detention of offenders by civil authorities

      1. 103. Arrest under warrants of naval authorities

      2. 104. Arrest of persons unlawfully at large

      3. 105. Arrest of deserters and absentees

      4. 106. Arrest of persons suspected of offences punishable by civil courts

      5. 107. Duties of governors of civil prisons, etc.

   5. Powers of civil courts and authorities as to deserters and absentees

      1. 108. Deserters and absentees surrendering to police

      2. 109. Proceedings before summary courts

      3. 110. Certificates of arrest or surrender

5. PART IV Miscellaneous and General

   1. Persons subject to this Act

      1. 111. Naval forces, volunteers and trainees

      2. 112. Marines

      3. 113. Attached military and air forces

      4. 114. Commonwealth forces

      5. 115. Colonial naval forces

      6. 116. Application to deserters, etc., from commonwealth and colonial forces

      7. 117. Application to passengers in H.M. ships

      8. 118. Application to certain civilians

      9. 119. Application to sentenced offenders, etc.

   2. Attachment and powers of command

      1. 120. Attachment to military or air forces

      2. 121. Attachment to commonwealth and other forces

      3. 122. Powers of command of members of co-operating military or air forces

   3. Application to particular countries and territories

      1. 123. Scotland

      2. 124. Northern Ireland

      3. 125. Channel Islands and Isle of Man

      4. 126. Colonies

      5. 127. Protectorates, protected states, trust territories and federated territories

      6. 128. Republic of Ireland

   4. Miscellaneous provisions

      1. 129. Jurisdiction of civil courts

      2. 130. Redress of complaints

      3. 131. Ships under convoy

   5. Interpretation

      1. 132. Definitions of Her Majesty's ships, forces, etc.

      2. 133. Definitions of officer, rating and superior officer

      3. 134. Definition of active service

      4. 135. General Interpretation

   6. Supplemental

      1. 136. Minor amendments

      2. 137. Repeals and transitional provisions

      3. 138. Savings

      4. 139. Short title and commencement

6. SCHEDULES

   1. FIRST SCHEDULE

      Application of Act to Marine Forces

      1. 1. For paragraph (k) of subsection (1) of section forty-three of...

      2. 2. Subsection (7) of section forty-four of this Act shall not...

      3. 3. Notwithstanding anything in section two hundred and one of the...

      4. 4. In subsection (2) of section fifty-two of this Act, for...

   2. SECOND SCHEDULE

      Application of Act to attached Military and Air Forces

      1. 1. Throughout Part I of this Act, for any reference to...

      2. 2. For paragraph (g) of subsection (1) of section forty-three of...

      3. 3. For paragraph (k) of the said subsection (1) there shall...

      4. 4. Paragraph (f) of the said subsection (1) and subsection (6)...

      5. 5. Subsection (7) of section forty-four of this Act shall not...

      6. 6. Notwithstanding anything in section two hundred and one of the...

      7. 7. In subsection (1) of section fifty, the reference to an...

      8. 8. In relation to the trial of a member of the...

      9. 9. In subsection (2) of section fifty-two of this Act, for...

      10. 10. Any reference in this Act to the uniform of any...

      11. 11. In sections seventy to seventy-two of this Act, in their...

   3. THIRD SCHEDULE

      Civilians subject to this Act outside Her Majesty's dominions

      1. 1. Persons serving Her Majesty, or otherwise employed, in such capacities...

      2. 2. Persons who are employed by, or in the service of,...

      3. 3. Persons belonging to or employed by any other organisation so...

      4. 4. Persons who, for the purposes of their profession or employment,...

      5. 5. Persons forming part of the family of members of any...

      6. 6. Persons forming part of the family of persons falling within...

      7. 7. Persons employed by members of any of Her Majesty's naval,...

      8. 8. Persons employed by persons falling within paragraphs 1 to 6...

      9. 9. Persons forming part of the family of persons falling within...

   4. FOURTH SCHEDULE

      Application of Act to Certain Civilians

      1. 1. In the application of any enactment contained in Part I...

      2. 2. In section thirty-nine of this Act, in its application to...

      3. 3. Any person found committing an offence for which he is...

      4. 4. In relation to a person liable to be tried as...

   5. FIFTH SCHEDULE

      Minor Amendments

   6. SIXTH SCHEDULE

      Enactments Repealed

   7. SEVENTH SCHEDULE

      Transitional Provisions

      1. 1. In relation to an offence against any section in Part...

      2. 2. Notwithstanding anything in paragraph 1 of this Schedule, where any...

      3. 3. Notwithstanding anything in paragraph 1 of this schedule, the provisions...

      4. 4. Where after the date of the commencement of this Act...

      5. 5. Any commission issued before the date of commencement of this...

      6. 6. Any Order in Council, general orders or regulations made under...

      7. 7. In so far as general orders under subsection (4) of...