Warrants....for Conduct

#3
rosinacarley said:
I had thought it was abolished under HRA 1998.

I am standing by for abuse from the old farts that think Human Rights is not for the likes of us.
Whats that Rosie 1998 the same year as they abolished the Royal Navy :roll:

Nutty
 
#5
Human Rights Act.

Sorry it is a bad habit that lawyers have of abreviating statutes! eg HA 1957 is Homicide Act, MCA 1973 Matrimonial Causes Act. You get the drift.
 
#6
21_Man said:
Anyone remember the days of 'Clear Lower Deck' for the reading of warrants?
Is it still part of today's naveee?
Yes 'tis. I was at a warrant reading in Drake shortly before Xmas. Some numpty had kept on going AWOL, so he got X number of days over the wall and hoofed out.
 
#9
That does surprise me, I had wondered if it was caught under Art 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
 
#12
rosinacarley said:
That does surprise me, I had wondered if it was caught under Art 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
I recall hearing a buzz about someone trying that argument at some stage, that would have been 2003 or so as I was in and out of 2SL a fair bit at the time.

I think the position was that it was broadly equivalent to being sentenced in court, so it didn't get very far.
 

sgtpepperband

War Hero
Moderator
Book Reviewer
#15
As previously posted by me on Tue Feb 20, 2007 @ 1:18pm here:

BR 11 (Manual of Naval Law) Chapter 9 Article 0913 said:
1. NSDR 50 states that:

50. After receipt of approval of the punishment in accordance with Regulations 40, 46, 47 or 48 the Commanding Officer is to sign and date the punishment warrant, and the date of the warrant shall be the date of such signature. The warrant is then to be formally read to the offender by the Commanding Officer or another officer so authorised by him. If a Medical Officer shall testify that the offender is unfit to have the warrant read to him, the warrant may be formally read in the absence of the offender, who is thereafter to be informed of the punishment awarded as soon as he is fit to receive such information.

2. Except as provided in 0914, the warrant is not to be altered in any material detail after it has been signed by the Commanding Officer.

3. The officer who actually reads the warrant is to sign and date the certificate of reading on the day the warrant is read. The officer reading the warrant, if other than the Commanding Officer, is to emphasise that it is a warrant by the Commanding Officer by stating at the beginning: 'This
is a warrant by Captain..........Royal Navy'. Should an unusual interval elapse between the date of the offence and the reading of the warrant, the cause is to be stated on the warrant and in the Report of Offender.

4. The following is the normal procedure for the formal reading of a punishment warrant. The reading takes place at the Captain's Table in the presence of the Executive Officer, the Master-at-Arms, the offender's Divisional Officer and, in some cases, Head of Department. The Master-at-Arms reads the charge(s) and reports 'From remand'. The appropriate section of the NDA is then read by the Captain or Executive Officer, followed by the warrant. After reading the warrant, the Captain, in most cases, addresses the offender to explain the seriousness of the offence(s) and any factors taken into account when selecting his punishment; this is particularly effective when a sentence is being suspended. The award of the warrant punishment is to be published in Daily Orders, without specifying the name of the offender.

5. In special cases where an element of publicity is considered desirable, the formal reading of the punishment, preceded by the appropriate section of the NDA under which the offence falls, may take place on the quarter-deck, or other public place, in the presence of the whole or part of the ship's company, of or the offender's department. Unless the Commanding Officer should think it necessary for the sake of example, the previous offences entered in the warrant are not to be read.


6. Where an offender whose case has been tried has been sent to hospital under the provisions of 0214, the warrant is to be formally read to him in hospital unless the Medical Officer shall certify that the offender is medically unfit to have the warrant read to him, in which case the formal reading may be carried out on the quarter deck in his absence, and such formal reading of the warrant shall have the same effect as if it has been read to the offender. The fact of a warrant having formally been read in the absence of the offender is to be stated on the warrant and the offender is to be notified of the punishment awarded as soon as he is in a fit state to receive such notification.
BR11 available online here.
 
#19
IIRC, the Jimmy read the warrant on the ships I served on: on a type 14, it was "clear lower deck". My brother-in-law reckoned on carriers and the like, it was "clear lower of MEs/Seamen/S&S/Leading Handwhoever", to avoid disrupting the whole ships company. Never liked warrants, it always seemed to me to be a ritual humiliation, rather than a display of the power of the NDA (as it used to be then), Just my own opinion........
 
#20
rosinacarley said:
That does surprise me, I had wondered if it was caught under Art 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
But the reading of a warrant is not either degrading or a punishment, any more tha a judge sentencing in public court. It is merely part of the need for justice not only to be done but to be seen to be done. I fear some lawyers get to carried away by the £ signs to really consider what human rights are.
 

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