Causing or Allowing a Child to Die (Section 5 Domestic Violence, Crime and Victims Act 2004)

Domestic Violence, Crime and Victims Act 2004, s.5

Indictable only
Life imprisonment

Definition

A person ("D") is guilty of an offence if (a) a child or vulnerable adult ("V") dies or suffers serious physical harm as a result of the unlawful act of a person who (i) was a member of the same household as V, and (ii) had frequent contact with him, (b) D was such a person at the time of that act, (c) at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and (d) either D was the person whose act caused the death or serious physical harm or (i) D was, or ought to have been, aware of the risk mentioned in paragraph (c), (ii) D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and (iii) the act occurred in circumstances of the kind that D foresaw or ought to have foreseen. (Domestic Violence, Crime and Victims Act 2004, s.5(1))

Points to prove

A child (a person under the age of 16) or vulnerable adult, V
dies as a result of the unlawful act of a person who was a member of the same household as V and had frequent contact with him
D was such a person at the time of that act
at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person
and either D was the person whose act caused the death
or D was, or ought to have been, aware of the risk, failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and the act occurred in circumstances of the kind that D foresaw or ought to have foreseen

Causing or Allowing a Child to Die is an offence under s.5 Domestic Violence, Crime and Victims Act 2004. A person (D) is guilty of the offence if a child or vulnerable adult (V) dies as a result of the unlawful act of a person who was a member of the same household as V and had frequent contact with him, D was such a person at the time of that act, at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and either D was the person whose act caused the death or D was, or ought to have been, aware of the risk, failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and the act occurred in circumstances of the kind that D foresaw or ought to have foreseen (s.5(1)). The prosecution does not have to prove which of those two alternatives applies (s.5(2)). A person is a member of a household even if he does not live in it if he visits it so often and for such periods that it is reasonable to regard him as a member (s.5(4)(a)); "act" includes a course of conduct and omission, "child" means a person under the age of 16, and "vulnerable adult" means a person aged 16 or over whose ability to protect himself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise (s.5(6)). Maximum sentence: on conviction on indictment in England and Wales, imprisonment for life or a fine, or both (s.5(7)(a)). The present wording of s.5(7)(a) was substituted on 28 June 2022 by the Police, Crime, Sentencing and Courts Act 2022, s.123(2).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Indictable only
Maximum sentence: Life imprisonment
Act and section: Domestic Violence, Crime and Victims Act 2004, s.5
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence, and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); and if an offence has been committed, he may arrest without a warrant anyone who is guilty of the offence or anyone whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power of summary arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) (for example to protect a child or other vulnerable person from the person in question, or to allow the prompt and effective investigation of the offence) it is necessary to arrest the person in question (s.24(4)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: A constable may search an arrested person, where the person has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others (s.32(1)); the constable also has power to search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence (s.32(2)(a)) and, because the offence is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)(b)) (Police and Criminal Evidence Act 1984, s.32). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence; the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing, save where the search is conducted before the person is taken to a police station and the person's presence at a place other than a police station is necessary for the effective investigation of the offence (Police and Criminal Evidence Act 1984, s.18(1), (4), (5) and (5A)). The offence is not among those listed in s.1(8) of the 1984 Act (Police and Criminal Evidence Act 1984, s.1(7) and (8)).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged, counted from the relevant time, which in the ordinary case is the time at which the person arrives at the first police station to which he is taken after his arrest (Police and Criminal Evidence Act 1984, s.41(1) and (2)(d)). The offence is an indictable offence, meaning an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way (Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise the keeping of the person in police detention for a period expiring at or before 36 hours after the relevant time, where detention without charge is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning him, and the investigation is being conducted diligently and expeditiously (Police and Criminal Evidence Act 1984, s.42(1)); a magistrates' court may, on an application on oath made by a constable, issue a warrant of further detention for a period of not longer than 36 hours (Police and Criminal Evidence Act 1984, s.43(1), (4), (11) and (12)) and may extend that warrant for periods of not longer than 36 hours each, ending no later than 96 hours after the relevant time (Police and Criminal Evidence Act 1984, s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/2004/28/section/5