Section 1 Cruelty to persons under sixteen.

England and Wales

(1)

If any person who has attained the age of sixteen years and F1has responsibility for any child or young person under that age, wilfully assaults, ill-treats F2(whether physically or otherwise), neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated F3(whether physically or otherwise), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health F4(whether the suffering or injury is of a physical or a psychological nature), that person shall be guilty of F5an offence, and shall be liable—

(a)

on conviction on indictment, to a fine F6... or alternatively, F7..., or in addition thereto, to imprisonment for any term not exceeding F814 years;

(b)

on summary conviction, to a fine not exceeding F9the prescribed sum, or alternatively, ..., or in addition thereto, to imprisonment for any term not exceeding six months.

(2)

For the purposes of this section—

(a)

a parent or other person legally liable to maintain a child or young person F10, or the legal guardian of a child or young person, shall be 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, or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided under F11the enactments applicable in that behalf;

(b)

where it is proved that the death of an infant under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the infant) while the infant was in bed with some other person who has attained the age of sixteen years, that other person shall, if he was, when he went to bed F12or at any later time before the suffocation, under the influence of drink F13or a prohibited drug, be deemed to have neglected the infant in a manner likely to cause injury to its health.

F14(2A)

The reference in subsection (2)(b) to the infant being “in bed” with another (“the adult”) includes a reference to the infant lying next to the adult in or on any kind of furniture or surface being used by the adult for the purpose of sleeping (and the reference to the time when the adult “went to bed” is to be read accordingly).

(2B)

A drug is a prohibited drug for the purposes of subsection (2)(b) in relation to a person if the person's possession of the drug immediately before taking it constituted an offence under section 5(2) of the Misuse of Drugs Act 1971.

(3)

A person may be convicted of an offence under this section—

(a)

notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person;

(b)

notwithstanding the death of the child or young person in question.

F15(4)

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F165),(6)

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F17(7)

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