Naval Discipline Act 1957
Encyclopedia
The Naval Discipline Act 1957 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 rating
s 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 The whole Naval Discipline Act was repealed in October 2009.
for the crime of espionage
for the enemy on ships or in naval establishments. The Human Rights Act 1998
abolished the death penalty for all other capital crimes under the Act.
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.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
governing discipline
Discipline
In its original sense, discipline is referred to systematic instruction given to disciples to train them as students in a craft or trade, or to follow a particular code of conduct or "order". Often, the phrase "to discipline" carries a negative connotation. This is because enforcement of order –...
in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
. It governed courts martial and criminal penalties for crimes committed by officers
Officer (armed forces)
An officer is a member of an armed force or uniformed service who holds a position of authority. Commissioned officers derive authority directly from a sovereign power and, as such, hold a commission charging them with the duties and responsibilities of a specific office or position...
and rating
Naval rating
A Naval Rating is an enlisted member of a country's Navy, subordinate to Warrant Officers and Officers hence not conferred by commission or warrant...
s of the Royal Navy. It was substantially replaced at the end of 2008 by the Armed Forces Act 2006
Armed Forces Act 2006
The Armed Forces Act 2006 is an Act of the Parliament of the United Kingdom.It came into force on 31 October 2009. It replaces the three separate Service Discipline Acts as the system of military law under which the British Armed Forces operate...
, which created a unified code of military law
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
for all three British Armed Forces
British Armed Forces
The British Armed Forces are the armed forces of the United Kingdom of Great Britain and Northern Ireland.Also known as Her Majesty's Armed Forces and sometimes legally the Armed Forces of the Crown, the British Armed Forces encompasses three professional uniformed services, the Royal Navy, the...
. The whole Naval Discipline Act was repealed in October 2009.
Amendments
The Armed Forces Act 1981 amended certain aspects of the Act; most notably, it abolished the death penaltyCapital punishment in the United Kingdom
Capital punishment in the United Kingdom was used from the creation of the state in 1707 until the practice was abolished in the 20th century. The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder...
for the crime of espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
for the enemy on ships or in naval establishments. The Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
abolished the death penalty for all other capital crimes under the Act.
In 2004, courts martial in the Royal Navy were reformed by an order issued by the parliamentary Joint Committee on Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. 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
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
legislation. The Order instructed that all judge advocates should be appointed solely by the Judge Advocate of the Fleet
Judge Advocate of the Fleet
In the United Kingdom, the Judge Advocate of Her Majesty's Fleet was a civilian judge who was responsible for the supervision and superintendence of the court martial system in the Royal Navy...
, a civilian circuit judge.