Naval Discipline Act 1957

58General Orders as to procedure of courts-martial

(1)Subject to the provisions of this section, the Admiralty may make General Orders for regulating the procedure and practice of courts-martial under this Act.

(2)Without prejudice to the generality of the foregoing subsection, provision may be made by such General Orders—

(a)for authorising the receipt of evidence by statutory declaration and other documentary evidence in proceedings before courts-martial, subject to such conditions and restrictions as may be prescribed by the Orders;

(b)for authorising the judge advocate appointed for the purposes of a court-martial to hear submissions and evidence, in the absence of the members of the court, on such matters as may be prescribed by the Orders, and for applying to the judge advocate, in respect of such proceedings, any enactment relating to such a court;

(c)for prescribing anything which is authorised or required by this Part of this Act to be prescribed by such Orders.

(3)General Orders under this section may direct that the powers conferred by section seven of the Bankers' Books Evidence Act, 1879 (which enables orders to be made for the inspection of bankers' books for the purposes of legal proceedings) may be exercised for the purposes of a court-martial (whether within or without the United Kingdom) by the authority by whom the court-martial is ordered, as well as by the court or a judge within the meaning of that Act.

(4)General Orders under this section shall not have effect unless and until approved by Her Majesty in Council in pursuance of a report of the Judicial Committee of the Privy Council ; and eveiy Order in Council made for the purposes of this subsection shall be laid before both Houses of Parliament.

(5)General Orders under this section shall be of no effect so far as inconsistent with any provision of this Act.