Section 18 of The Navy Act, 1957
Nothing in this Chapter shall affect the award by a naval tribunal of the punishment of dismissal with disgrace or dismissal from the naval service under this Act.
Summary
- This rule preserves the power of military courts to severely punish personnel regardless of other discharge rules.
- The normal discharge procedures do not stop a naval tribunal from ordering a dismissal with disgrace.
- A tribunal also keeps the right to order a standard dismissal from the naval service.
Practical examples
FAQ
1. Does Section 18 of The Navy Act 1957 prevent a normal discharge?
It does not prevent it, but it clarifies that normal discharge rules cannot stop a naval tribunal from handing down a punishment of dismissal.
2. Can a tribunal still fire someone if their time is up under Section 18 of the naval rules?
Yes, a tribunal retains full power to award the punishment of dismissal with disgrace or simple dismissal.
3. What specific punishments are protected by Section 18 of this defence law?
The provision specifically protects the tribunal's right to award dismissal with disgrace and regular dismissal from the naval service.
Test yourself
Q1.Which two specific punishments awarded by a tribunal are protected from interference by the regular discharge rules?
Q2.How does Section 18 affect a sailor who is legally entitled to go home within one month under Section 17?
Q3.Which authority's power to dismiss is specifically protected by this text?
Q4.What is the primary purpose of this specific rule in the law?