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Children and Young Persons Act 1933
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Changes over time for: Section 53
Version Superseded: 01/10/1997
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Children and Young Persons Act 1933, Section 53 is up to date with all changes known to be in force on or before 20 February 2025. 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.
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53 Punishment of certain grave crimes. E+W
[F1(1)A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (notwithstanding anything in this or in 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 under such conditions [F2—
(a)as the Secretary of State may direct, or
(b)as the Secretary of State may arrange with any person.]]
[F3(2)Subsection (3) below applies—
(a)where a person of at least 10 but not more than 17 years is convicted on indictment of—
(i)any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law, or
(ii)an offence under section 14 of the M1Sexual Offences Act 1956 (indecent assault on a woman);
(b)where a young person is convicted of—
(i)an offence under section 1 of the M2Road Traffic Act 1988 (causing death by dangerous driving), or
(ii)an offence under section 3A of the Road Traffic Act 1988 (causing death by careless driving while under influence of drink or drugs).
(3)Where this subsection applies, then, if the court] is of opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period [F4not exceeding the maximum term of imprisonment with which the offence is punishable in the case of an adult] as may be specified in the sentence; and where such a sentence has been passed the child or young person shall, during that period . . . F5 be liable to be detained in such place and on such conditions [F6—
(a)as the Secretary of State may direct, or
(b)as the Secretary of State may arrange with any person.
(4)A person detained pursuant to the directions or arrangements made by the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.]
Textual Amendments
F1S. 53(1) substituted by Murder (Abolition of Death Penalty) Act 1965 (c. 71), s. 1(5)
F2Words in s. 53(1) substituted (9.1.1995) by 1994 c. 33, s. 16(2); S.I. 1994/ 3192, art. 2(1),Sch.
F3Words in s. 53 substituted (9.1.1995) by 1994 c. 33, s. 16(3); S.I. 1994/3192, art. 2(1),Sch.
F4Words inserted by Criminal Justice Act 1961 (c. 39), s. 41(3), Sch. 4
F5Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F6Words in s. 53(3)(4) substituted (9.1.1995) by 1994 c. 33, s. 16(4); S.I. 1994/3192, art. 2(1),Sch.
Modifications etc. (not altering text)
C1S. 53 modified by Criminal Justice Act 1967 (c. 80), ss. 61, 62; extended by Children and Young Persons Act 1969 (c. 54), s. 30(1)
C2S. 53(2) restricted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 3(1)
C3Power to repeal in part conferred by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 69(5)
C4S. 53(2) modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 64, 101(1), Sch. 12 para. 18; S.I. 1992/333, art. 2(2), Sch. 2
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