Part I Prevention of Cruelty and Exposure to Moral and Physical Danger

Offences

1 Cruelty to persons under sixteen.

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

7

Nothing in this section shall be construed as affecting the right of any parent, F35or (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.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

3 Allowing persons under sixteen to be in brothels.

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

4 Causing or allowing persons under sixteen to be used for begging.

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.

5 Giving intoxicating liquor to children under five.

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.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

C17 Sale of tobacco, &c. to persons under sixteen.

C21

Any person who sells to a person F21. . . under the age of sixteen years any tobacco or cigarette papers, whether for his own use or not, shall be liable, F22on summary conviction to a fine not exceeding level 4 on the standard scale.

F231A

It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

C32

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 F24has been used by any person under the age of sixteen years, the court F25shall 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, F26to a fine not exceeding level 4 on the standard scale.

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 F27any 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.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

F3010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C511C4†Exposing children under seven to risk of burning.

If any person who has attained the age of sixteen years, having F31responsibility for any child under the age of F32twelve years, allows the child to be in any room containing an open fire grate F33or 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 F34level 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.

C612 Failing to provide for safety of children at entertainments.

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.

C73

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 . . . F36 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 F37licensed by a local authority under F38section 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 F37that 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.