Child cruelty Flashcards
Q: What is the law on child cruelty?
S1 Children and Young Persons Act 1933
(1) If any person who has attained the age of 16 years and has responsibility for any child or young person under that age, wilfully assaults, ill-treats (whether physically or otherwise), neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated (whether physically or otherwise), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or a psychological nature), that person shall be guilty of an offence . . .
Q: What type of offence is it?
Triable either way
Maximum sentence of 14 years’ imprisonment on indictment
Q: How many offences does s1 create?
S1 creates one single offence, albeit one that can be committed in many different ways, by both positive acts (assault, ill-treatment, abandonment, exposure) and omission (neglect).
Q: What two main categories does the offence fall into?
- Instances of violent assault
- Cases of cruelty and neglect
Q: How old does a person have to be to commit child cruelty?
To commit child cruelty, the offender has to be at least 16 years old. A 15 year old parent who cruelly mistreats their child does not commit this offence.
Q: Does harm have to have occurred?
The offence does not require the child V to be actually harmed. The offence speaks of behaviour that is likely to cause suffering or injury, not behaviour that does cause suffering or injury.
It is all about potential harm- this can be either physical or psychological.
Q: What does the behaviour have to be?
Wilful- intentional or reckless behaviour.
Q: Does there need to be a relationship between victim and offender?
The offender must have responsibility for the child victim. Responsibility for a child or young person can be shared and whether a person had such responsibility in each case will be a matter of both fact and law.
People may also have factual responsibility for the child at that time eg: babysitter or child minder. During the time they are looking after the child, they have responsibility in the eyes of the law and can commit the offence.
Q: What is the link between child cruelty and causation?
Those who have parental responsibility or some other legal responsibility for a child, have responsibility for them at all times. Even if the child is not with them at the time they are harmed.
Parents are expected to ensure that their children are properly looked after at all times and if they have left the child in someone else’s care, that person should be an appropriate person. The absent parents and carer could find themselves prosecuted for this offence.
Q: What does the principal child cruelty offence deal with?
Children under 16. However, there is a situation of neglect covered by the Act which has a different age limit- this is overlay and is much more specific.
Q: What is the offence of overlay?
A person will be presumed to have neglected the child where it is proved that the child was an infant under 3 years old who died as a result of suffocation (other than by disease or blockage of the airways by an object) while in bed with someone of 16 years or over who was under the influence of drink or a prohibited drug when he/she went to bed or at any later time before the suffocation (s. 1(2)(b)).
Q: Does the offender need to have responsibility for the child?
Overlay does not require the offender to have responsibility for the child.
Q: What does the term ‘bed’ cover?
Covers any kind of furniture or surface being used by the adult for the purpose of sleeping. Eg: sofa, sleeping bag on the floor.
Q: What is a ‘prohibited drug’ under this Act?
A drug is a prohibited drug for the purpose of s. 1(2)(b) in relation to a person if the person’s possession of the drug immediately before taking it constituted an offence under s. 5(2) of the Misuse of Drugs Act 1971.
