Naval Discipline Act 1957 (repealed)

Valid from 01/01/2008

[F558APreliminary hearings as to pleaU.K.

(1)Subsections (2) to (4) apply in relation to a charge against a person (“the accused”) preferred by the prosecuting authority.

(2)The accused shall be arraigned at a hearing before a judge advocate.

(3)That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.

(4)The arraignment is to be treated as having occurred before the court-martial.

(5)Rules under section 58 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular—

(a)provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;

(b)provision for the variation or discharge of such orders and rulings.

(6)The reference in subsection (1) to a charge preferred by the prosecuting authority includes—

(a)a charge substituted by the prosecuting authority; and

(b)where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.

(7)Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.]

Valid from 02/10/2000

[F1262ZA Powers of court-martial where accused elected court-martial trial.U.K.

(1)Where a court-martial tries a person in pursuance of an election for court-martial trial, the court shall not award any punishment which could not have been awarded by the officer who would have tried the preliminary charge summarily if the election had not been made.

(2)In subsection (1) above, “the preliminary charge” means the charge which would have been tried summarily had the accused not elected court-martial trial.

(3)Where regulations under section 52F of this Act would have prevented a punishment of a particular description awarded by the officer from taking effect without the approval of another person, it shall be assumed for the purposes of subsection (1) above that the approval would have been obtained.

(4)For the purposes of this section a court-martial is not to be regarded as trying a person in pursuance of an election for court-martial trial if, since the election was made, the prosecuting authority has referred the charge back to the commanding officer under section 52II of this Act.]

Prospective

[F1862A Fitness to stand trial.U.K.

(1)This section applies where on a trial by court-martial of a person the question arises (at the instance of the defence or otherwise) whether the accused is fit to stand trial.

(2)For the purposes of this Act a person is unfit to stand trial if he is under a disability such that apart from the M3Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.

(3)If, having regard to the nature of the supposed disability, the court is of opinion that it is expedient to do so and in the interests of the accused, it may postpone consideration of the question of fitness to stand trial until any time up to the opening of the case for the defence.

(4)If, before the question of fitness to stand trial falls to be determined, the court finds the accused not guilty on the charge or each of the charges on which he is being tried, that question shall not be determined.

(5)Subject to subsections (3) and (4) above, the question of fitness to stand trial shall be determined as soon as it arises.

(6)The question of fitness to stand trial shall be determined by the court and—

(a)where it falls to be determined on the commencement of the trial and the trial proceeds, the accused shall be tried by a court-martial other than that which determined that question;

(b)where it falls to be determined at any later time, it shall be determined by a court-martial other than that by which the accused is being tried.

(7)A court shall not make a determination under subsection (6) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.]

Prospective

[F1963 Findings of insanity.U.K.

(1)Where, on the trial of a person by court-martial, the court is satisfied, as respects the charge or any of the charges on which he is being tried, that the accused did the act or made the omission charged against him as the offence but that at the time of that act or omission he was insane, the court shall find that the accused was not guilty of that offence by reason of insanity.

(2)No finding under subsection (1) above shall be made except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.]

Prospective

[F2063A Powers to deal with persons not guilty by reason of insanity or unfit to stand trial.U.K.

(1)This section applies where, on a trial of a person by a court-martial—

(a)the accused is found to be unfit to stand trial and to have done the act or made the omission charged against him; or

(b)the accused is found not guilty by reason of insanity.

(2)Subject to subsections (3) and (4) below, the court shall make one of the following orders in respect of the accused, namely—

(a)an admission order;

(b)a guardianship order;

(c)a supervision and treatment order; or

(d)an order discharging him absolutely,

as the court thinks most suitable in all the circumstances of the case.

(3)The court may not make an order under subsection (2)(b), (c) or (d) above if the offence to which the finding relates is an offence the sentence for which is fixed by law.

(4)The court shall not make a guardianship order or a supervision and treatment order unless it has power to do so by virtue of section 63C or section 63D below.

(5)An order under subsection (2)(a), (b) or (c) above shall be treated as if it had been made by a civil court in England and Wales, Scotland or Northern Ireland, as the court may direct, and the appropriate mental health legislation shall apply accordingly with such modifications as may be prescribed.]

Prospective

[F2163B Admission orders.U.K.

(1)In this Act “admission order” means an order that the person in respect of whom it is made be admitted, in accordance with regulations under subsection (3) below, to such hospital as may be specified by the Secretary of State.

(2)Where an admission order is made by a court-martial, the court may, in such circumstances as may be prescribed, direct the accused to be treated as if an order restricting his discharge had been made under the appropriate mental health legislation, either without limit of time or (if a civil court would have been permitted to do so under the legislation concerned) during such period as may be specified in the direction.

(3)The Secretary of State may by regulations make provision with respect to the admission to, detention in, and release from, hospital of any person in respect of whom an admission order has been made.

(4)Regulations under subsection (3) above may in particular make provision—

(a)for a person in respect of whom an admission order has been made to be conveyed to, and detained in, a place of safety pending his admission to the hospital;

(b)for the period within which such a person is to be admitted to the hospital;

(c)for the appropriate mental health legislation to apply, with such modifications as may be prescribed, in relation to admission orders as the legislation concerned applies in relation to hospital orders;

(d)for a person in respect of whom an admission order has been made to be remitted for trial in such circumstances as may be prescribed.

(5)In this section “hospital”, “hospital order” and “place of safety” have the same meanings as in the appropriate mental health legislation.]

Prospective

[F2263C Guardianship orders.U.K.

(1)In this Act “guardianship order” means an order placing the accused under the guardianship of—

(a)in a case where the order is treated as if it had been made by a civil court in England and Wales, a local social services authority or such other person approved by a local social services authority as may be specified in the order;

(b)in a case where the order is treated as if it had been made by a civil court in Scotland, a local authority or such other person approved by a local authority as may be specified in the order;

(c)in a case where the order is treated as if it had been made by a civil court in Northern Ireland, a Board or an authorised HSS trust or such other person approved by a Board or an authorised HSS trust as may be specified in the order.

(2)In subsection (1) above—

• “authorised HSS trust” and “Board” have the same meanings as in the M4Mental Health (Northern Ireland) Order 1986;

• “local authority” has the same meaning as in the M5Mental Health (Scotland) Act 1984; and

• “local social services authority” has the same meaning as in the M6Mental Health Act 1983.

(3)A court-martial shall not make a guardianship order unless—

(a)the court is satisfied, on the written or oral evidence of two registered medical practitioners, that—

(i)the accused is suffering from mental illness, psychopathic disorder, severe mental impairment or mental impairment; and

(ii)the mental disorder is of a nature or degree which warrants his reception into guardianship; and

(b)the court is of the opinion, having regard to all the circumstances including the nature of the offence and the character and antecedents of the accused and the other available methods of dealing with him, that the most suitable method of disposing of the case is by means of a guardianship order.

(4)A court-martial shall not make a guardianship order unless it is also satisfied that the authority or other person intended to be specified in the order is willing to receive the accused into guardianship.

(5)A guardianship order shall specify the form or forms of mental disorder referred to in subsection (3)(a) above from which, upon the evidence taken into account under that subsection, the accused is found by the court to be suffering; and a guardianship order shall not be made unless the accused is described by each of the practitioners whose evidence is taken into account under that subsection as suffering from the same one of those forms of mental disorder, whether or not he is also described by either of them as suffering from another of those forms of mental disorder.

(6)The appropriate mental health legislation shall apply, with such modifications as may be prescribed, in relation to guardianship orders under this section as it applies to guardianship orders under the legislation concerned.

(7)In this section “mental disorder”, “mental impairment”, “psychopathic disorder” and “severe mental impairment” have the same meanings as in the Mental Health Act 1983.]

Prospective

[F2363D Supervision and treatment orders.U.K.

(1)In this Act “supervision and treatment order” means an order requiring the person in respect of whom it is made (“the supervised person”)—

(a)to be under the supervision of a person (“the supervising officer”) specified in the order for a period specified in the order of not more than two years;

(b)to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner at a place specified in the order with a view to the improvement of his mental condition; and

(c)to comply with such other requirements as may be specified in the order.

(2)The Secretary of State may by order direct that subsection (1)(a) above shall be amended by substituting, for the period for the time being specified in that paragraph such other period as may be specified in the order.

(3)A court-martial shall not make a supervision and treatment order unless it is satisfied—

(a)that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused;

(b)on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved, that the mental condition of the accused—

(i)is such as requires and may be susceptible to treatment; but

(ii)is not such as to warrant the making of an admission order or a guardianship order.

(4)The court shall not make a supervision and treatment order unless it is also satisfied—

(a)that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(b)that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the accused where he is to be required to submit to treatment as a resident patient).

(5)The Secretary of State may by regulations make further provision in relation to supervision and treatment orders.

(6)Regulations under subsection (5) above may in particular make provision—

(a)as to the procedure to be followed by a court-martial making a supervision and treatment order;

(b)as to the requirements which may be specified in such an order;

(c)as to the descriptions of supervising officer who may be so specified;

(d)for treatment to be provided at a place other than the place specified in the order in accordance with arrangements made by the medical practitioner by whom or under whose direction the supervised person is being treated;

(e)for the amendment and revocation of any supervision and treatment order.]

Prospective

[F2463E Provisions supplementary to sections 62A to 63D.U.K.

(1)In this section and sections 62A to 63D above—

• “the appropriate mental health legislation” means—

  (a)

  in a case where an order is treated as if it had been made by a civil court in England and Wales, the M7Mental Health Act 1983;

  (b)

  in a case where an order is treated as if it had been made by a civil court in Scotland, the M8Mental Health (Scotland) Act 1984 and Part VI of the M9Criminal Procedure (Scotland) Act 1995;

  (c)

  in a case where an order is treated as if it had been made by a civil court in Northern Ireland, the M10Mental Health (Northern Ireland) Order 1986;

• “duly approved” means—

  (a)

  approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act);

  (b)

  approved for the purposes of section 20 or 39 of the Mental Health (Scotland) Act 1984 by a Health Board as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act); or

  (c)

  appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986 by the Mental Health Commission for Northern Ireland;

• “prescribed” means prescribed by regulations made by the Secretary of State.

(2)For the purposes of the provisions of sections 62A, 63, 63C and 63D of this Act which permit a court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (3) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the court may require the signatory of any such report to be called to give oral evidence.

(3)Where, in pursuance of a direction of the court, any such report is tendered in evidence otherwise than by or on behalf of the accused, then—

(a)if the accused is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;

(b)if the accused is not so represented, the substance of the report shall be disclosed to him; and

(c)the accused may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the accused or on his behalf.

(4)The power of the Secretary of State to make regulations under sections 63A, 63B, 63C and 63D above, and orders under section 63D(2) above, shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Valid from 01/04/1997

[F2664A Rules of evidenceU.K.

(1)The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall, subject to Schedule 13 to the M11Criminal Justice Act 1988 (evidence before courts-martial etc) and to service modifications, be the same as those observed in trials on indictment in England, and no person shall be required in proceedings before a court-martial to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings in a trial on indictment in England.

(2)In this section “service modifications” means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declared that in this section—

• “rules” includes rules contained in or made by virtue of an enactment; and

• “enactment” includes an enactment contained in an Act passed after this Act.

(3)Regulations under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)A court-martial shall take judicial notice of all matters of notoriety, including all matters within the general service knowledge of the court, and of all other matters of which judicial notice would be taken in a trial on indictment in England.]

Valid from 01/04/1997

F27X164B Proofs at courts-martial by written statementU.K.

(1)Without prejudice to section 64A above, section 9 of the M12Criminal Justice Act 1967 (proof by written statement) shall apply subject to subsection (2) below and to service modifications, for the purposes of proceedings before courts-martial (whether held in the United Kingdom or not) as it applies to proceedings on indictment.

(2)The statements rendered admissible by this section are statements made—

(a)in the United Kingdom by any person, and

(b)outside the United Kingdom by any person who at the time of making the statement was—

(i)a person subject to service law, or

(ii)a person to whom Parts I and II of this Act are applied by section 117 or section 118 of this Act, or to whom Part II of the M13Army Act 1955 or Part II of the M14Air Force Act 1955 is applied by section 208A or section 209 of the Army Act 1955 or the Air Force Act 1955 respectively,

and the persons mentioned in this paragraph include persons to whom section 119 of this Act, section 131 of the Army Act 1955 or section 131 of the Air Force Act 1955 apply.

(3)In subsection (1) above “service modifications” means—

(a)modifications made by any regulations under section 12 of the M15Criminal Justice Act 1967 in force on the coming into force of this section, and

(b)such modifications in the said section 9, as applied by subsection (1) above, as the Secretary of State may by regulations made by statutory instrument prescribe thereafter, being modifications which appear to him to be necessary or proper for the purpose of the operation of that section in relation to proceedings before a court-martial.

(4)Regulations under subsection (3)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Section 89 of the said Act of 1967 (punishment of making false statements tendered under section 9) shall apply to any statement rendered admissible by this section.

Valid from 01/04/1997

F28X264C Proof of service facts and records.U.K.

(1)This section applies with respect to proceedings before a court-martial.

(2)A letter, return or other document stating that any person—

(a)was or was not serving at any specified time or during any specified period in any part of Her Majesty’s forces;

(b)was discharged from any part of those forces at or before any specified time;

(c)held or did not hold at any specified time any specified rank or appointment in any of those forces;

(d)had at or before any specified time been attached, posted or transferred to any part of those forces;

(e)at any specified time or during any specified time was or was not serving or held or did not hold any rank or appointment in any particular country or place; or

(f)was or was not at any specified time authorised to use or wear any decoration, badge or emblem;

shall if purporting to be issued by or on behalf of the Defence Council or by a person authorised by them, be evidence of the matter stated in the document.

(3)A record—

(a)made in any service record in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of naval duty; and

(b)purporting to be signed by the commanding officer or by any person whose duty it was to make or keep the records,

may be received without formal proof in all trials under this Act as prima facie evidence of the record.

(4)A copy of a record (including the signature thereto) such as is mentioned in subsection (3) above, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the record, may be received without formal proof in all trials under this Act as prima facie evidence of the record.

(5)A document purporting to be issued by order of the Defence Council and to contain instructions given or regulations made by the Defence Council shall be evidence of the giving of the instructions or making of the regulations and of their contents.

(6)A certificate purporting to be issued by or on behalf of the Defence Council or by a person authorised by them, and stating—

(a)that a decoration of a description specified in, or as annexed to, the certificate is a military, naval or air force decoration; or

(b)that a badge or emblem of a description specified in, or as annexed to, the certificate is one supplied or authorised by the Defence Council;

shall be evidence of the matters stated in the certificate.

(7)A certificate purporting to be signed by a person’s commanding officer or any officer authorised by him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a continuing nature made for—

(a)any ship, train or aircraft;

(b)any formation or unit or body of Her Majesty’s forces; or

(c)any command or other area, or place;

shall in proceedings against that person be evidence of the matters stated in the certificate.

(8)Any document which would be evidence in any proceedings under the M16Army Act 1955 or the M17Air Force Act 1955 shall in like manner, subject to the like conditions, and for the like purposes, be evidence in a court-martial under this Act.

Valid from 01/04/1997

F29X364D Privilege of witnesses and others at courts-martialU.K.

A witness before a court-martial or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England.