Child cruelty

s.1Children and Young Persons Act 1933

A person aged 16 or over, with responsibility for a child under 16, wilfully assaulting, ill-treating, neglecting, abandoning or exposing them in a way likely to cause unnecessary suffering or injury to health.

Child cruelty · Children and Young Persons Act 1933, s.1Card 37 / 85

Points to prove

A person aged 16 or over
Who had responsibility for a child or young person under 16
Wilfully
Assaulted, ill-treated (physically or otherwise), neglected, abandoned or exposed them, or caused or procured them to be so treated
In a manner likely to cause them unnecessary suffering or injury to health (physical or psychological)

Key definitions

Responsibility – s.17: presumed for anyone who has parental responsibility (Children Act 1989) or is otherwise legally liable to maintain the child, and anyone who has care of them. A person with parental responsibility does not stop being responsible just because they do not have care of the child.
Wilfully – the failure or act must be deliberate or reckless. In R v Sheppard (1981) the House of Lords held that wilful neglect is not judged objectively: the parent must have been aware of the risk to the child’s health, or not cared whether there was a risk.
Neglect (deemed) – s.1(2)(a): a parent, guardian or other person legally liable to maintain the child is deemed to have neglected them if they fail to provide adequate food, clothing, medical aid or lodging, or fail to take steps to get it provided.
Ill-treats – includes non-physical ill-treatment, and the suffering or injury can be psychological (words added by the Serious Crime Act 2015).

Good to know

The maximum on indictment rose from 10 to 14 years on 28 June 2022 (Police, Crime, Sentencing and Courts Act 2022).
Overlaying – s.1(2)(b) and (2A): if an infant under 3 dies of suffocation while in bed (or on any surface used for sleeping) with a person aged 16 or over who was under the influence of drink or a prohibited drug, that person is deemed to have neglected the infant.
The offence is still committed even if someone else prevented actual suffering, or if the child has died (s.1(3)).
Actual suffering or injury does not need to be proved: only that the conduct was likely to cause it.

Legislation: Children and Young Persons Act 1933, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 14 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)