The criminal law and child neglect: - Action for Children

The current criminal lawOn 13 April 1933, The Children and Young Persons Act 1933 (CYPA) was enacted to punishcruelty to children. 13The criminal offence is contained within the Children and Young Person’s Act (1933).Part 1: Prevention of Cruelty and Exposure to Moral and Physical DangerSection 1: Cruelty to persons under sixteen(1) If any person who has attained the age ofsixteen years and has responsibility for anychild or young person under that age, wilfullyassaults, ill-treats, neglects, abandons, orexposes him, or causes or procures him tobe assaulted, ill-treated, neglected,abandoned, or exposed, in a manner likelyto cause him unnecessary suffering or injuryto health (including injury to or loss of sight,or hearing, or limb, or organ of the body,and any mental derangement), that personshall be guilty of a misdemeanour, and shallbe liable—(a) on conviction on indictment, to a fine...or alternatively,..., or in addition thereto,to imprisonment for any term notexceeding ten years;(b) on summary conviction, to a fine notexceeding £400 pounds, or alternatively,..., or in addition thereto, to imprisonmentfor any term not exceeding six months.(2) For the purposes of this section—(a) a parent or other person legally liable tomaintain a child or young person, or thelegal guardian of a child or young person,shall be deemed to have neglected him ina manner likely to cause injury to his healthif he has failed to provide adequate food,clothing, medical aid or lodging for him, orif, having been unable otherwise to providesuch food, clothing, medical aid or lodging,he has failed to take steps to procure it tobe provided under the enactmentsapplicable in that behalf;(b) where it is proved that the death of an infantunder three years of age was caused bysuffocation (not being suffocation caused bydisease or the presence of any foreign body inthe throat or air passages of the infant) whilethe infant was in bed with some other personwho has attained the age of sixteen years,to bed, under the influence of drink, bedeemed to have neglected the infant ina manner likely to cause injury to its health.The current offence requires that the prosecution prove beyond reasonable doubt that aperson: who has attained the age of 16 and has responsibility for any child or young personunder that age wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes orprocures him to be assaulted, ill-treated, neglected, abandoned, or exposed in a mannerlikely to cause unnecessary suffering or injury to health (including injury to or loss of sight,or hearing, or limb, or organ of the body, and any mental derangement).13It also made it illegal to assault, ill-treat, abandon or expose a child, although those terms are not further defined inthe 1933 Act.6.