Child Cruelty (Section 1 Children and Young Persons Act 1933)

Child Cruelty is an offence under s.1(1) Children and Young Persons Act 1933. A person who has attained the age of sixteen years and has responsibility for any child or young person under that age commits the offence if he wilfully assaults, ill-treats (whether physically or otherwise), neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated, 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 (s.1(1)). A parent or other person legally liable to maintain the child, or the legal guardian, is deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him (s.1(2)(a)). A person may be convicted notwithstanding that actual suffering or injury to health was obviated by the action of another person, or notwithstanding the death of the child or young person (s.1(3)). Maximum sentence: on conviction on indictment, a fine or imprisonment for any term not exceeding 14 years, or both; on summary conviction, a fine not exceeding the prescribed sum or imprisonment for any term not exceeding six months, or both (s.1(1)(a) and (b)). The word fixing the 14-year maximum in s.1(1)(a) was substituted on 28 June 2022 by the Police, Crime, Sentencing and Courts Act 2022, s.122(1).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. 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).