Children and Young Persons Act 1933

1 Cruelty to persons under sixteen. E+W

(1) If any person who has attained the age of sixteen years and [F1 has 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 [F4 ten] 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 [F7 the 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, [F10 or (subject to section 548 of the Education Act 1996) any other person,] having the lawful control or charge of a child or young person to administer punishment to him.

Textual Amendments

F1 Words 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).

F2 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. III

F3 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F4 Word substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 45(1)(2)

F5 Words substituted by Children Act 1975 (c. 72), Sch. 3 para. 1

F6 Words 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).

F7 Words substituted by S.I. 1951/174 (1951 I, p. 1369), Sch.

F8 S. 1(4) repealed by Criminal Law Act 1967 (c. 58), s. 12, Sch. 3 Pt. III

F9 S. 1(5)(6) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

F10 Words in s. 1(7) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 1 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1