(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, 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 (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of a misdemeanor, and shall be liable—
(a)on conviction on indictment, to a fine . . . F2 or alternatively, . . . F3, or in addition thereto, to imprisonment for any term not exceeding [F4ten] years;
(b)on summary conviction, to a fine not exceeding [F5£400] pounds, or alternatively, . . . F3, 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 [F6, 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 [F7the 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, under the influence of drink, be deemed to have neglected the infant in a manner likely to cause injury to its health.
(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.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(5),(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(7)Nothing in this section shall be construed as affecting the right of any parent, teacher, or other person having the lawful control or charge of a child or young person to administer punishment to him.
Textual Amendments
F1Words in s. 1(1) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 2 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F2Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. III
F3Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
F4Word substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 45(1)(2)
F5Words substituted by Children Act 1975 (c. 72), Sch. 3 para. 1
F6Words in s. 1(2)(a) inserted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para.2 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F7Words substituted by S.I. 1951/174 (1951 I, p. 1369), Sch.
F8S. 1(4) repealed by Criminal Law Act 1967 (c. 58), s. 12, Sch. 3 Pt. III
Textual Amendments
F10Ss. 2, 3(2) repealed by Sexual Offences Act 1956 (c. 69). s. 52, Sch. 4
(1)If any person having [F11responsibility for] a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or to frequent a brothel, he shall be [F12liable on summary conviction to a fine not exceeding [F13level 2 on the standard scale]], or alternatively . . . F14 or in addition thereto, to imprisonment for any term not exceeding six months.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
F11Words in s. 3(1) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 3(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F12Words substituted by Criminal Law Act 1977 (c. 45), Sch. 1 para. 4
F13Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F14Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
F15S. 3(2) repealed by Sexual Offences Act 1956 (c. 69). s. 52, Sch. 4
(1)If any person causes or procures any child or young person under the age of sixteen years or, having [F16responsibility for] such a child or young person, allows him to be in any street, premises, or place for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise) he shall, on summary conviction, be liable to a fine not exceeding [F17level 2 on the standard scale], or alternatively, . . . F18 or in addition thereto, to imprisonment for any term not exceeding three months.
(2)If a person having [F16responsibility for] a child or young person is charged with an offence under this section, and it is proved that the child or young person was in any street, premises, or place for any such purpose as aforesaid, and that the person charged allowed the child or young person to be in the street, premises, or place, he shall be presumed to have allowed him to be in the street, premises, or place for that purpose unless the contrary is proved.
(3)If any person while singing, playing, performing or offering anything for sale in a street or public place has with him a child who has been lent or hired out to him, the child shall, for the purposes of this section, be deemed to be in that street or place for the purpose of inducing the giving of alms.
Textual Amendments
F16Words in s. 4(1)(2) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 3(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F17Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F18Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
If any person gives, or causes to be given, to any child under the age of five years any intoxicating liquor, except upon the order of a duly qualified medical practitioner, or in case of sickness, apprehended sickness, or other urgent cause, he shall, on summary conviction, be liable to a fine not exceeding [F19level 1 on the standard scale].
Textual Amendments
F19Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Textual Amendments
F20S. 6 repealed by Licensing Act 1953 (c. 46), Sch. 10
(1)Any person who sells to a person apparently under the age of sixteen years any tobacco or cigarette papers, whether for his own use or not, shall be liable, on summary conviction, in the case of a first offence to a fine not exceeding [F21twenty-five] pounds, in the case of a second offence to a fine not exceeding [F21fifty] pounds, and in the case of a third or subsequent offence to a fine not exceeding [F21one hundred] pounds.
. . . F22
(2)If on complaint to a court of summary jurisdiction it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises is being extensively used by persons apparently under the age of sixteen years, the court [F23shall] order the owner of the machine, or the person on whose premises the machine is kept, to take such precautions to prevent the machine being so used as may be specified in the order or, if necessary, to remove the machine, within such time as may be specified in the order, and if any person against whom such an order has been made fails to comply therewith, he shall be liable, on summary conviction, to a fine not exceeding [F24level 3 on the standard scale], and to a further fine not exceeding [F25ten] pound for each day during which the offence continues.
(3)It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the police authority may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct.
(4)Nothing in this section shall make it an offence to sell tobacco or cigarette papers to, or shall authorise the seizure of tobacco or cigarette papers in the possession of, any person who is at the time employed by a manufacturer of or dealer in tobacco, either wholesale or retail, for the purposes of his business, or is a boy messenger in uniform in the employment of a messenger company and employed as such at the time.
(5)For the purposes of this section the expression “tobacco” includes cigarettes [F26any product containing tobacco and intended for oral or nasal use] and smoking mixtures intended as a substitute for tobacco, and the expression “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking.
Textual Amendments
F21Words substituted by Children and Young Persons Act 1963 (c. 37), s. 32(a) in relation to offences committed after 1.2.1964
F22Words repealed by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 1(1)(a)(2)
F23Word substituted by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 1(1)(b)(2)
F24Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F25Words substituted by Children and Young Persons Act 1963 (c. 37), s. 32(b) in relation to offences committed after 1.2.1964
F26Words inserted by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 1(1)(c)
Modifications etc. (not altering text)
C1Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
Textual Amendments
F27S. 8 repealed by Consumer Credit Act 1974 (c. 39), s. 192(1)(4), Sch. 5
Textual Amendments
F28S. 9 repealed by Scrap Metal Dealers Act 1964 (c. 69), Sch. Pt. I
(1)If a person habitually wanders from place to place and takes with him any child who has attained the age of five years [F29or any young person who has not attained the age at which under the enactments relating to education children cease to be of compulsory school age,] he shall, unless he proves that the child [F30or young person is not, by being so taken with him, prevented from receiving efficient full-time education suitable to his age ability and aptitude [F31and to any special educational needs he may have], be liable on summary conviction to a fine not exceeding [F32level 1 on the standard scale].]
[F33(1A)Proceedings for an offence under this section shall not be instituted except by a local education authority; and before instituting such proceedings the authority shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, [F34to make an application in respect of the child or young person for an education supervision order under section 36 of the Children Act 1989]]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
[F36(3)Where in any proceedings for an offence against this section it is proved that the parent or guardian of the child or young person is engaged in any trade or business of such a nature as to require him to travel from place to place, the person against whom the proceedings were brought shall be acquitted if it is proved that the child or young person has attended a school at which he was a registered pupil as regularly as the nature of the trade or business of the parent or guardian permits:
Provided that in the case of a child or young person who has attained the age of six years the person against whom the proceedings were brought shall not be entitled to be acquitted under this subsection unless it is proved that the child or young person has made at least two hundred attendances during the period of twelve months ending with the date on which the proceedings were instituted.]
(4)[F37The Secretary of State for Education and Science] shall have power to make regulations as to the issue of certificates of attendance for the purposes of the last foregoing subsection, and any such regulations shall be laid before Parliament as soon as may be after they are made.
Textual Amendments
F29Words inserted by Education Act 1944 (c. 31), Sch. 8
F30Words substituted by Education Act 1944 (c. 31), Sch. 8
F31Words inserted by Education Act 1981 (c. 60, SIF 41:1), Sch. 3 para. 1
F32Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F34Words in s. 10(1A) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 4 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F36S. 10(3) substituted by Education Act 1944 (c. 31), Sch. 8
F37Words substituted by virtue of Education Act 1944 (c. 31), s. 2(1) and S.I. 1964/490, arts. 2(1), 3(2)
If any person who has attained the age of sixteen years, having [F38responsibility for] any child under the age of [F39twelve] years, allows the child to be in any room containing an open fire grate [F40or any heating appliance liable to cause injury to a person by contact therewith] not sufficiently protected to guard against the risk of his being burnt or scalded without taking reasonable precautions against that risk, and by reason thereof the child is killed or suffers serious injury, he shall on summary conviction be liable to a fine not exceeding [F41level 1 on the standard scale]:
Provided that neither this section, not any proceedings taken thereunder, shall affect any liability of any such person to be proceeded against by indictment for any indictable offence.
Textual Amendments
F38Words in s. 11 substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 3(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F39Word substituted by Children and Young Persons (Amendment) Act 1952 (c. 50), Sch. para. 1(a)
F40Words inserted by Children and Young Persons (Amendment) Act 1952 (c. 50), Sch. para. 1(b)
F41Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C2Unreliable marginal note.
C3Words in s. 11 substituted by 1952 c. 50, continued to have effect (5.11.1993) by 1993 c. 50, s. 1(2), Sch. 2 Pt. II para. 23.
(1)Where there is provided in any building an entertainment for children, or an entertainment at which the majority of the persons attending are children, then, if the number of children attending the entertainment exceeds one hundred, it shall be the duty of the person providing the entertainment to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate, and to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and to take all other reasonable precautions for the safety of the children.
(2)Where the occupier of a building permits, for hire or reward, the building to be used for the purpose of an entertainment, he shall take all reasonable steps to secure the observance of the provisions of this section.
(3)If any person on whom any obligation is imposed by this section fails to fulfil that obligation, he shall be liable, on summary conviction, to a fine not exceeding, in the case of a first offence fifty pounds, and in the case of a second or subsequent offence one hundred pounds, and also, if the building in which the entertainment is given is licensed . . . F42 under any of the enactments relating to the licensing of theatres and of houses and other places for music or dancing, the licence shall be liable to be revoked by the authority by whom the licence was granted.
(4)A constable may enter any building in which he has reason to believe that such an entertainment as aforesaid is being, or is about to be, provided, with a view to seeing whether the provisions of this section are carried into effect, and an officer authorised for the purpose by an authority by whom licences are granted under any of the enactments referred to in the last foregoing subsection shall have the like power of entering any building so licensed by that authority.
(5)The institution of proceedings under this section shall—
(a)in the case of a building [F43licensed by a local authority] under [F44section 1 of the Cinemas Act 1985], or under the enactments relating to the licensing of theatres or of houses and other places for music or dancing, be the duty of [F43that local authority]; and
(b)in any other case, be the duty of the police authority.
(6)This section shall not apply to any entertainment given in a private dwelling-house.
Textual Amendments
F42Words repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3
F43Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 5
F44Words substituted by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 2
Modifications etc. (not altering text)
C4S. 12: functions of local authority not to be the responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 B1 35
C5Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
Valid from 01/04/2009
Textual Amendments
F45Ss. 12A-12D and preceding cross-heading inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 143(2), 153; S.I. 2009/860, art. 2(c)
(1)This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).
(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted premises order to be made in respect of the premises in relation to which that offence was committed (“the relevant premises”).
(3)A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco or cigarette papers to any person.
(4)The prohibition applies to sales whether made—
(a)by the offender or any other person, or
(b)by means of any machine kept on the premises or any other means.
(5)The order has effect for the period specified in the order, but that period may not exceed one year.
(6)The applicant must, after making reasonable enquiries, give notice of the application to every person appearing to the applicant to be a person affected by it.
(7)The court may make the order if (and only if) it is satisfied that—
(a)on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences in relation to the relevant premises, and
(b)the applicant has complied with subsection (6).
(8)Persons affected by the application may make representations to the court as to why the order should not be made.
(9)If—
(a)a person affected by an application for a restricted premises order was not given notice under subsection (6), and
(b)consequently the person had no opportunity to make representations to the court as to why the order should not be made,
the person may by complaint apply to the court for an order varying or discharging it.
(10)On an application under subsection (9) the court may, after hearing—
(a)that person, and
(b)the applicant for the restricted premises order,
make such order varying or discharging the restricted premises order as it considers appropriate.
(11)For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are—
(a)the occupier of the premises, and
(b)any other person who has an interest in the premises.
(1)This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).
(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender.
(3)A restricted sale order is an order prohibiting the person to whom it relates—
(a)from selling any tobacco or cigarette papers to any person,
(b)from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco or cigarette papers to any person,
(c)from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette machine to be kept on any premises by any other person for that purpose, and
(d)from having any management functions in respect of any premises in so far as those functions relate to any cigarette machine kept on the premises for the purpose of selling tobacco.
(4)The order has effect for the period specified in the order, but that period may not exceed one year.
(5)The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences.
(6)In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco.
(1)If—
(a)a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and
(b)the person knew, or ought reasonably to have known, that the sale was in contravention of the order,
the person commits an offence.
(2)If a person fails to comply with a restricted sale order, the person commits an offence.
(3)It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(4)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding £20,000.
(5)A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.
(1)In sections 12A and 12B a “tobacco offence” means—
(a)an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), or
(b)an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).
(2)In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7.
(3)In sections 12A and 12B “notice” means notice in writing.]
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
Textual Amendments
(1)Where a person is charged with committing any of the offences mentioned in the First Schedule to this Act in respect of two or more children or young persons, the same information or summons may charge the offence in respect of all or any of them, but the person charged shall not, if he is summarily convicted, be liable to a separate penalty in respect of each child or young person except upon separate informations.
(2)The same information or summons F47 . . . may charge him with the offences of assault, ill-treatment, neglect, abandonment, or exposure, together or separately, and may charge him with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to health, alternatively or together, but when those offences are charged together the person charged shall not, if he is summarily convicted, be liable to a separate penalty for each.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
(4)When any offence mentioned in the First Schedule to this Act charged against any person is a continuous offence, it shall not be necessary to specify in the information, summons, or indictment, the date of the acts constituting the offence.
Textual Amendments
F47Words in s. 14(2) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).
F48S. 14(3) repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
Textual Amendments
Textual Amendments
(1)For the purposes of this Part of this Act, the following shall be presumed to have responsibility for a child or young person—
(a)any person who—
(i)has parental responsibility for him (within the meaning of the Children Act 1989); or
(ii)is otherwise legally liable to maintain him; and
(b)any person who has care of him.
(2)A person who is presumed to be responsible for a child or young person by virtue of subsection (1)(a) shall not be taken to have ceased to be responsible for him by reason only that he does not have care of him.]
Textual Amendments
F51S. 17 substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para.5 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).