- Latest available (Revised)
- Point in Time (01/10/1993)
- Original (As enacted)
Version Superseded: 01/10/1997
Point in time view as at 01/10/1993. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Naval Discipline Act 1957 (repealed), Section 43A is up to date with all changes known to be in force on or before 17 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A person under [F221] years of age shall not be sentenced to imprisonment.
[F3(1A)Where a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.
(1B)Where a person aged [F418 years] or over but under 21 years of age is convicted of any other offence for which a person aged 21 years or over would be liable to imprisonment for life [F5then, subject to subsection (1E) below], the court shall sentence him to custody for life if—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)it considers that a custodial sentence for life would be appropriate.
(1C)For the purpose of determining whether any method of dealing with a person to whom subsection (1B) of this section applies, other than sentencing him to custody for life, is appropriate, the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.]
[F7(1D)Subject to subsections (3) and (4) below, the only custodial sentences that a court may award where a person under 21 years of age is convicted or found guilty of an offence are—
(a)a custodial order under section 43AA of this Act or under paragraph 10 of Schedule 4A to this Act; and
(b)a sentence of custody for life under subsection (1A) or (1B) above.
(1E)A court may not—
(a)make a custodial order under section 43AA of this Act; or
(b)pass a sentence of custody for life under subsection (1B) above;
unless it is satisfied—
(i)that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and
(ii)that he qualifies for a custodial sentence.
(1F)An offender qualifies for a custodial sentence if—
(a)he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or
(b)only a custodial sentence would be adequate to protect the public from serious harm from him; or
(c)the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.]
(2) . . . F8
(3)A person convicted of murder who was under 18 years of age when the offence was committed shall not be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against a person convicted of any offence who was under 18 years of age when the offence was committed; but in lieu thereof the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.
(4)[F9 In any case where—
(a)a person aged 14 or over but under [F1018 years] of age is] found guilty of a civil offence (other than one the sentence for which is fixed) which is punishable by a civil court in England or Wales on indictment by, in the case of an adult, a term of imprisonment for 14 years or more, [F9or,
(b)a person under 14 years of age is found guilty of manslaughter, and, in either case, the court] is of opinion that none of the other methods in which the case may be legally dealt with is suitable [F11 the court may sentence that person], to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable by such a civil court in the case of an adult, as may be specified in the sentence; and where such a sentence has been passed, the person on whom it is passed shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct .
(5)A sentence of [F12custody for life or] detention under subsection (3) or (4) above shall be treated for the purposes of this Part of this Act as a punishment authorised by this Act involving the same degree of punishment as a sentence of imprisonment; and section 43(3) and (4) above shall apply to such a sentence of detention [F12and to a sentence of custody for life] as they apply to a sentence of imprisonment.
(6)A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.]
[F13(7)A sentence of detention under section 43(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.]
Textual Amendments
F1S. 43A inserted by Armed Forces Act 1976 (c. 52), s. 10(1)(2)
F2Figure substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 2(a)
F3S. 43A(1A)–(1C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para. 2(b)
F4Words in s. 43A(1B) substituted (1.10.1992 as regards England and Wales but otherwiseprosp.) by Criminal Justice Act 1991 (c. 53), ss. 71, 102(2)(8), Sch. 9 para. 5; S.I. 1992/333, arts. 2(2), 3(1), Sch. 2.
F5Words in s. 43A(1B) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 2(2)(a)(6); S.I. 1991/2719, art. 2
F6S. 43A(1B)(a) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62), ss. 2(2)(b)(6), 26(2), Sch. 3; S.I. 1991/2719, art. 2
F7S. 43A(1D)-(1F) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 2(3)(6); S.I. 1991/2719, art. 2
F8S. 43(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16
F9Words in s. 43A(4) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 2(4)(a)(b)(6); S.I. 1991/2719
F10Words in s. 43A(4)(a) substituted (1.10.1992 as regards England and Wales but otherwiseprosp.) by Criminal Justice Act 1991 (c. 53), ss. 71, 102(2)(8), Sch. 9 para. 5; S.I. 1992/333, arts. 2(2), 3(1), Sch. 2.
F11Words in s. 43A(4) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 2(4)(c)(6); S.I. 1991/2719, art. 2
F12Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 2(d)
F13S. 43A(7) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 2(5)(6); S.I. 1991/2719, art. 2
Textual Amendments applied to the whole legislation
F14Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: