Causing or Allowing a Child to Suffer Serious Physical Harm (Section 5 Domestic Violence, Crime and Victims Act 2004)

Causing or Allowing a Child to Suffer Serious Physical Harm 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) suffers serious physical harm 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 serious physical harm 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)). "Serious" harm means harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, "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 a term not exceeding 14 years or a fine, or both (s.5(8)(a)). The present wording of s.5(8)(a) was substituted on 28 June 2022 by the Police, Crime, Sentencing and Courts Act 2022, s.123(3).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. 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).