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Naval Discipline Act 1957 (repealed)

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Changes over time for: Section 47A

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Version Superseded: 31/10/2009

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Naval Discipline Act 1957 (repealed), Section 47A is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1F247A Limitations on custody without charge.F3U.K.

(1)A person arrested under section 45 of this Act shall not be kept in naval custody without being charged except in accordance with sections 47B to 47D of this Act.

(2)If at any time the commanding officer of a person who is kept in naval custody without being charged—

(a)becomes aware that the grounds for keeping that person in naval custody have ceased to apply; and

(b)is not aware of any other grounds on which continuing to keep that person in naval custody could be justified under the provisions of this Act,

it shall be the duty of the commanding officer, subject to subsection (3) below, to order his immediate release from naval custody.

(3)A person who appears to his commanding officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.

(4)For the purposes of this section and sections 47B to 47L of this Act a person is to be treated as charged with an offence when he is informed in accordance with regulations of the Defence Council that a charge is to be reported to his commanding officer under section 52B(1) of this Act.]

Textual Amendments

F1Ss. 47A-47F and crossheading inserted (2.10.2000) by 2000 c. 4, s. 1(3); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F2Ss. 47A-47F inserted (2.10.2000) by 2000 c. 4, s. 1(3); S.I. 2000/2366, art. 2 (with Sch. para. 15)

Textual Amendments applied to the whole legislation

F3Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions

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