The Naval Discipline Act 1957 (5 & 6 Eliz. 2. c. 53) was an act of the Parliament of the United Kingdom governing discipline in the Royal Navy. It governed courts-martial and criminal penalties for crimes committed by officers and ratings of the Royal Navy. It was substantially replaced at the end of 2008 by the Armed Forces Act 2006, which created a unified code of military law for all three British Armed Forces. The whole act was repealed in October 2009.Naval Discipline Act 1957. UK Legislation Official Website. Accessed April 15, 2012.
Provisions Repealed enactments Section 137(1) of the act repealed 30 enactments, listed in the sixth schedule to the act.
CitationShort titleExtent of repeal59 Geo. 3. c. 25Freight for Treasure Act 1819The whole act.5 & 6 Will. 4. c. 24Naval Enlistment Act 1835In section one, the words from "Provided also", in the first place where those words occur, to "forces by sea". Sections two and three.10 & 11 Vict. c. 62Naval Deserters Act 1847The whole act.16 & 17 Vict. c. 69Naval Enlistment Act 1853In section twelve, the words from "or of aiding" to "vessel".16 & 17 Vict. c. 73Naval Volunteers Act 1853Sections twenty-one to twenty-four.22 & 23 Vict. c. 40Royal Naval Reserve (Volunteer) Act 1859Sections eleven and twelve. In section fifteen the words from the beginning to "while in actual service; and", and the words from "Provided that" to the end of the section. Sections nineteen to twenty-two.26 & 27 Vict. c. 69Officers of Royal Naval Reserve Act 1863In section two the words from "and shall" to the end of the section.29 & 30 Vict. c. 109Naval Discipline Act 1866The whole act.47 & 48 Vict. c. 39Naval Discipline Act 1884The whole act.59 & 60 Vict. c. 33Royal Naval Reserve Volunteer Act 1896Section two.9 Edw. 7. c. 41Naval Discipline Act 1909The whole act.1 & 2 Geo. 5. c. 47Naval Discipline (Dominion Naval Forces) Act 1911The whole act.4 & 5 Geo. 5. c. 89Navy (Pledging of Certificates, etc.) Act 1914The whole act.5 & 6 Geo. 5. c. 30Naval Discipline Act 1915The whole act.5 & 6 Geo. 5. c. 73Naval Discipline (No. 2) Act 1915The whole act.7 & 8 Geo. 5. c. 34Naval Discipline Act 1917The whole act.7 & 8 Geo. 5. c. 51Air Force (Constitution) Act 1917Section seven and the First Schedule.12 & 13 Geo. 5. c. 37Naval Discipline Act 1922The whole act.15 & 16 Geo. 5. c. 88Coastguard Act 1925In section two the words from "and be" to "commission".21 & 22 Geo. 5. c. 9Colonial Naval Defence Act 1931In section two, in subsection (2) the words from "and while" to the end of paragraph (c). In section four, subsection (4).1 & 2 Geo. 6. c. 64Naval Discipline (Amendment) Act 1938The whole act.4 & 5 Geo. 6. c. 29Naval Discipline (Amendment) Act 1941The whole act.10 & 11 Geo. 6. c. 24Naval Forces (Enforcement of Maintenance Liabilities) Act 1947In section one, subsection (4).10 & 11 Geo. 6. c. 30Indian Independence Act 1947Section thirteen.11 & 12 Geo. 6. c. 10Emergency Laws (Miscellaneous Provisions) Act 1947In the Second Schedule, paragraph 3.11 & 12 Geo. 6. c. 64National Service Act 1948In section twenty-six, paragraph (b) of subsection (2), and subsection (3).14 & 15 Geo. 6. c. 46Courts-Martial (Appeals) Act 1951In section twenty-four, in subsection (1), in the definition of "naval court-martial", the words "constituted under section fifty-seven A of that Act".3 & 4 Eliz. 2. c. 20Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955In the Second Schedule, paragraph 1, sub-paragraph (3) of paragraph 6, and paragraph 7.5 & 6 Eliz. 2. c. 6Ghana Independence Act 1957In section four, in subsection (2), the words "and in section eighty-six of the Naval Discipline Act as amended by the Revision of the Army and Air Force Acts (Transitional Provisions) Act, 1955".5 & 6 Eliz. 2. c. 11Homicide Act 1957In section eight, subsection (2). In section nine, in subsection (2), the words "and the first paragraph of section forty-five of the Naval Discipline Act".
Subsequent developments Section 137(1) of, and schedule 6 to, the act were repealed by section 1 of, and part XI of the schedule to, the Statute Law (Repeals) Act 1974, which came into force on 27 June 1974.
The Armed Forces Act 1981 amended certain aspects of the act; most notably, it abolished the death penalty for the crime of espionage for the enemy on ships or in naval establishments.Armed Forces Act 1981 (c. 55), Part III, UK Statute Law Database The Human Rights Act 1998 abolished the death penalty for all other capital crimes under the Act.Human Rights Act 1998, section 21(5)
In 2004, courts martial in the Royal Navy were reformed by an order issued by the parliamentary Joint Committee on Human Rights. The committee found that the appointment of serving naval officers as Judge Advocates, and their appointment by the Chief Naval Judge Advocate (also a serving officer), undermined the independence and impartiality of courts martial, thereby contravening human rights legislation. The order instructed that all judge advocates should be appointed solely by the Judge Advocate of the Fleet, a civilian circuit judge.Naval Discipline Act 1957 (Remedial) Order 2004, UK Parliament Publications
The whole act was repealed by section 378(2) of, and schedule 17 to, the Armed Forces Act 2006, which came into force on 31 October 2009.
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