Damian Green: child cruelty law to be updated
6 Jun 2014 03:19 PM
Children will be better
protected under new plans to update child cruelty law, Justice Minister Damian
Green announced today.
The change will make clear that
it is a crime to inflict cruelty which is likely to cause psychological
suffering or injury to a child. Offenders will face a maximum sentence of 10
years in prison whether the harm is physical or psychological in
nature.
The existing child cruelty law
already allows cases to be brought for neglect, ill-treatment, abandonment and
other forms of cruelty to children but the current law does not make it clear
that this also includes cruelty likely to cause emotional
harm.
Justice Minister Damian Green
said:
It is vital that we do all we
can to protect all children from harm and enable them to grow up in a safe
environment.
This is why we are clarifying
the criminal law on child cruelty to make it absolutely clear that children who
are subjected to cruelty likely to cause psychological suffering or injury are
protected by the law.
These changes will ensure that
all agencies working with children, including the police, social services and
prosecutors can work effectively with one another to protect children from
emotional harm.
The changes have been supported
by children’s charities and campaigners, who have been consulted during
development of the plans.
Action for Children’s
Chief Executive Sir Tony Hawkhead said:
Today marks a monumental and
overdue step forward for children and our efforts to protect them from severe
emotional abuse.
Children who are made to feel
worthless, powerless and unloved by their families will now have the law on
their side.
We are one of the last countries
in the western world to recognise this form of child cruelty – the time
for change is long overdue. Emotional abuse can create permanent scars, leading
to mental health problems and, in extreme cases, to suicide. This legislation
will change lives.
We have established a
cross-party implementation group of MPs, who, moving forward, will work with us
and the Government to determine how the new law will be delivered in
practice.
The planned update to the law
will be made in the new Serious Crime Bill announced today.
Individual cases will continue
to be decided by the courts, based on the full facts presented to
them.
Notes to
editors
- The existing criminal offence of
child cruelty is set out in section 1 of the Children and Young Persons Act
1933. It provides that any person aged 16 or over who has responsibility for a
child under that age commits an offence if he wilfully assaults, ill-treats,
neglects, abandons, or exposes that child (or causes or procures them to be so
treated) in a manner likely to cause him unnecessary suffering or injury to
health.
- 615 offenders were found guilty
in 2012 of offences under section 1 of the Children and Young Person’s
Act 1933, of which 605 were sentenced.
- The government will take forward
a clause (c61) in the Serious Crime Bill which will:
- make it absolutely clear that
conduct which causes psychological suffering or injury is covered under section
1 of the 1933 Act.
- modernise the language in
section 1, by replacing outdated references to ‘mental derangement’
and ‘misdemeanour’.
- The police (working with other
relevant agencies such as social services as necessary) will investigate
whether an offence has been committed. Where the investigation results in the
case being referred to the CPS, it would be for the CPS to decide in light of
the available evidence and applying the test set out in the Code for Crown
Prosecutors whether to prosecute. However, as for all criminal trials, it will
be for the jury or magistrates to determine whether the offence has been
committed, and each case will looked at on a case by case
basis