Naval Discipline Act 1957 (repealed)

Insubordination and similar offencesF15U.K.

[F111 Insubordinate behaviour.U.K.

Every person subject to this Act who—

(a) . . . F2 uses violence to, or offers violence to, his superior officer, or

(b)uses threatening or insubordinate language to, or behaves with contempt to, his superior officer,

shall be liable to imprisonment or any less punishment authorised by this Act:

12 Disobedience to lawful commands.U.K.

Any person subject to this Act who, whether wilfully or through neglect, disobeys any lawful command (by whatever means communicated to him) shall be liable to imprisonment or any less punishment authorised by this Act.

[F312A Failure to provide a sample for drug testing.U.K.

(1)Any person subject to this Act who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for [F4the purpose of ascertaining whether, or to what extent, he has, or has had, drugs in his body] shall,F5. . . , be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.

[F6(1A)A drug testing officer may not request a person to provide a sample under subsection (1) above if—

(a)he is that person’s commanding officer, or

(b)the commanding officer of that person is his commanding officer.

(1B)A request under subsection (1) above may not be made if the sample is sought in connection with—

(a)an investigation under this Act of an offence, or

(b)an investigation of such an incident as is referred to in section 32(1)(a) of the Armed Forces Act 2001 (powers to test for alcohol or drugs after serious incident).

(1C)The results of tests performed on a sample provided by a person at the request of a drugs testing officer shall not be admissible in evidence against—

(a)that person, or

(b)any other person,

in proceedings before a court-martial, commanding officer or appropriate superior authority.

(1D)Nothing in this section—

(a)limits the powers conferred by—

[F7(i)any provision of the Road Traffic Act 1988 (c. 52),]

(ii)sections 62 and 63 of the Police and Criminal Evidence Act 1984 (intimate and other samples), as applied by order under section 113(1) of that Act; or

(b)affects the admissibility in any proceedings of evidence obtained under those powers.]

(2)For the purposes of this section—

• “drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; and

• “drug testing officer” means an officer, warrant officer [F8, chief petty officer, petty officer or leading rating] who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.]

[F912B Failure to provide sample after serious incidentU.K.

Any person subject to this Act who, without reasonable excuse, fails to comply with a request made under subsection (3) or (4) of section 32 of the Armed Forces Act 2001 (powers to test for alcohol or drugs after serious incident) shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.]

13 Fighting and quarrelling.U.K.

Every person subject to this Act who [F10without reasonable excuse]—

(a)fights . . . F11 with any other person, whether subject to this Act or not; or

(b)uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,

shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

14 Obstruction of provost officers.U.K.

Every person subject to this Act who . . . F12 obstructs, or . . . F12 refuses, when called on, to assist, any provost officer, or any person (whether subject to this Act or not) legally exercising authority under or on behalf of a provost officer, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act:

[F1414A Disobedience to standing orders.U.K.

(1)Every person subject to this Act who contravenes or fails to comply with any provision of orders to which this section applies, being a provision known to him or which he might reasonably be expected to know, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

(2)This section applies to standing orders or other routine orders of a continuing nature made for any formation or unit or body of Her Majesty’s forces, or for any command or other area, garrison or place, or for any ship, vessel, train or aircraft.]