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Cruelty to a Child: Assault (Section 1 Children and Young Persons Act 1933)

Children and Young Persons Act 1933, s.1(1)

  • Either way
  • 14 years' custody

Definition

If any person who has attained the age of sixteen 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. (Children and Young Persons Act 1933, s.1(1))

Points to prove

  1. A person who has attained the age of sixteen years
  2. and has responsibility for any child or young person under that age
  3. wilfully assaults him, or causes or procures him to be assaulted
  4. in a manner likely to cause him unnecessary suffering or injury to health (whether physical or psychological)

Cruelty to a Child: Assault is the assault limb of the offence of cruelty to persons under sixteen under s.1(1) Children and Young Persons Act 1933. The section creates a single offence: a person who has attained the age of sixteen years and has responsibility for any child or young person under that age commits it 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)). This page covers the case where the wilful conduct is an assault, or causing or procuring the child to be assaulted. 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).

Last updated 20 October 2026. Reviewed 20 October 2026