Naval Disciplinary Courts (Procedure) Orders, 1958
| Jurisdiction | UK Non-devolved |
| Citation | SI 1958/562 |
| Year | 1958 |
1958 No. 562
The Naval Disciplinary Courts (Procedure) Orders, 195826thMarch 1958
1stJanuary 1959
The Admiralty, in exercise of the powers conferred on them by subsection (5) of section 50 of the Naval Discipline Act, 1957(a), and of all other powers enabling them in that behalf, hereby make the following orders.
1. These orders may be cited as the Naval Disciplinary Courts (Procedure) Orders, 1958, and shall come into operation on such date as may be appointed for the coming into force of the Naval Discipline Act, 1957.
2. The Interpretation Act, 1889(b), shall apply to the interpretation of these orders as it applies to the interpretation of an Act of Parliament.
(a) 5 & 6 Eliz. 2. c. 53.
(b) 52 & 53 Vict. c. 63.
3. The following provisions of the Naval Discipline Act, 1957, shall apply to disciplinary courts as they apply to courts-martial, that is to say subsection 3 of section 54, sections 55, 56, 59, 60, 61, subsections (1) to (3) inclusive of section 62, sections 63, 64, 66, 70, 71 and 72.
4. Section 57 of the Naval Discipline Act, 1957, shall apply to disciplinary courts as it applies to courts-martial with the substitution of the word "two" for the word "four" in subsection (2) thereof.
5. The Naval Courts-Martial (Procedure) Order, 1957(a), except such provisions thereof as:—
(a) refer exclusively to the trial of ratings;
(b) refer exclusively to the trial of offences which cannot be tried by disciplinary court;
(c) refer to sentences which cannot be imposed by disciplinary court;
shall apply in relation to disciplinary courts as it applies in relation to courts-martial.
6. The Regulations for Disciplinary Courts dated May, 1916(b), made by the Admiralty under section 57A of the Naval Discipline Act, 1866(c), are hereby revoked.
D. E. Holland-Martin, John G. Lang, Two of the Commissioners for executing the office of Lord High Admiral.
Dated this twenty-sixth day of March, 1958.
(a) S.I. 1957/2225 (1957 II, p. 2198).
(b) S.R. & O. 1916/401 (Rev. XVI p. 732: 1916 III, p. 38).
(c) 29 & 30 Vict. c. 109.
EXPLANATORY NOTE
(This Note is not part of the Order, but is intended to indicate its general purport.)
These Orders made by the Admiralty under section 50 (5) of the Naval Discipline Act, 1957, supersede General Orders made under section 57A (4) of the Naval Discipline Act, 1866.
The jurisdiction of disciplinary courts is limited to offences committed in time of war by officers below the rank of Commander, which appear to...
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