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Naval Discipline Act 1957 (repealed)
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Changes over time for: Cross Heading: Civil offences
Version Superseded: 11/05/2001
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Point in time view as at 11/01/2001.
Changes to legislation:
Naval Discipline Act 1957 (repealed), Cross Heading: Civil offences is up to date with all changes known to be in force on or before 03 June 2024.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.
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Civil offencesF9U.K.
Textual Amendments applied to the whole legislation
F9Act repealed (prosp.)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
42 Civil offences.U.K.
(1)Every person subject to this Act who is guilty of any civil offence (that is to say any act or omission which is punishable by the law of England or would be so punishable if committed in England) shall [F1subject to section 43A below] be liable on conviction under this Act—
(a)in the case of an offence of treason . . . F2, to death;
(b)in the case of any . . . F2 offence of murder [F3or of genocide consisting of the killing of any person], to imprisonment for life;
[F4(c)in the case of any other offence, to such punishment or punishments (being a punishment or punishments authorised by this Act) as could be imposed . . . F5 on conviction by a civil court of the like offence committed in England, or to any punishment so authorised which is less than the maximum punishment which could be so imposed.]
[F6(1A)Where the corresponding civil offence is one to which [F7section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000] would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.]
(2)A person subject to this Act may be charged with an offence under this section notwithstanding that he could on the same facts be charged with an offence under any other provision of this Part of this Act.
[F8(2A)For the purpose of determining under this section whether an attempt to commit an offence is a civil offence, subsection (4) of section 1 of the M1Criminal Attempts Act 1981 (which relates to the offence of attempt) shall have effect as if for the words “offence which, if it were completed, would be triable in England and Wales as an indictable offence” there were substituted the words “civil offence consisting of an act punishable by the law of England and Wales as an indictable offence or an act which, if committed in England or Wales, would be so punishable by that law”.]
Textual Amendments
F1Words inserted by Armed Forces Act 1976 (c. 52), s. 10(3)(c)
F2Words repealed by Murder (Abolition of Death Penalty) Act 1965 (c. 71), Sch.
F3Words inserted by Genocide Act 1969 (c. 12), s. 1(7)(a)
F4S. 42(1)(c) substituted by Armed Forces Act 1971 (c. 33), ss. 34(3), 78(4)
F5Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1)(2), Sch. 1 para. 3, Sch. 2
F6S. 42(1A) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 3(1); S.I. 1997/2200, art. 2
F7Words in s. 42(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 18
F8S. 42(2a) inserted by Criminal Attempts Act 1981 (c. 47), s. 7(1)
Modifications etc. (not altering text)
C1S. 42 modified (1.10.1997) by 1997 c. 43, s. 7(1); S.I. 1997/2200, art. 2(1)
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