Naval Discipline Act 1957 (repealed)

[F152B Investigation of charges by commanding officerF5U.K.

(1)An allegation that a person subject to this Act (“the accused”) has committed an offence against any provision of this Act shall be reported, in the form of a charge, to his commanding officer.

(2)A commanding officer shall investigate a charge reported to him under subsection (1) above.

(3)If, in the course of investigating a charge, the commanding officer considers it appropriate to do so, he may amend the charge or substitute another charge for it and treat the amended or substituted charge as if that charge had been reported to him under subsection (1) above.

(4)If, in the course of investigating a charge, it appears to the commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act he may stay further proceedings with respect to the charge.

(5)After investigating a charge, the commanding officer may, subject to [F2subsections (6) and (6A)]] below—

(a)dismiss the charge;

(b)refer the charge to higher authority; or

(c)try the accused summarily.

[F3(6)The commanding officer may not try summarily any charge which is not capable of being tried summarily.

(6A)The commanding officer may not try summarily any charge against an officer unless—

(a)the commanding officer is of or above the rank of commander,

(b)the rank of the commanding officer is at least two ranks higher than that of the accused, and

(c)the accused is below the rank of captain.

(6B)For the purposes of subsection (6A) above, the holding by any person of any acting rank other than that of commodore is to be disregarded; and in this subsection “acting rank” means rank of any description (however called) such that under Queen’s Regulations a commanding officer has power to order the holder to revert from that rank.]

[F4(7)For the purposes of this Act, a charge is capable of being tried summarily if it is for an offence triable by court-martial under this Act, other than—

(a)an offence listed in subsection (8) below (offences which, before the passing of the Human Rights Act 1998, were punishable by sentence of death), or

(b)an offence under section 42 of this Act where the civil offence is one for which the sentence is fixed by law as life imprisonment.

(8)The offences are—

(a)an offence under section 2 of this Act, if it consists in an act or omission falling within subsection (1) or (2)(a) of that section and it is charged that it was committed with intent to assist the enemy;

(b)an offence under section 3 of this Act, if it consists in an act or omission falling within subsection (1)(a), (b), (c), (d) or (f) of that section and it is charged that it was committed with intent to assist the enemy;

(c)an offence under section 4 of this Act, if it is charged that it was committed with intent to assist the enemy;

(d)an offence under section 9 of this Act, if it is charged that the mutiny had as its object or one of its objects the refusal or avoidance of any duty or service against or in connection with operations against the enemy, or the impeding of the performance of any such duty or service;

(e)an offence under section 10 of this Act, if it is charged that it was committed with intent to assist the enemy;

(f)an offence under section 42 of this Act, where the civil offence is treason.]