Children and families
Causing or allowing a child to suffer serious physical harm / die
Domestic Violence, Crime and Victims Act 2004, s.5
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- See guideline / charging decision
- Maximum penalty
- 14 years’ custody for offences committed after 28 June 2022; otherwise 10 years’ custody
Actus reus
- A child or vulnerable adult (V) dies or suffers serious physical harm as a result of an unlawful act of a person who was a member of the same household as V and had frequent contact with V; D was such a person at that time; there was a significant risk of serious physical harm from the unlawful act of such a person (DVCVA 2004, s.5).
- Either D’s act caused the death/harm, or D was or ought to have been aware of the risk, failed to take reasonable steps, and the act occurred in circumstances D foresaw or ought to have foreseen.
Mens rea
- The Crown does not have to prove which of the two s.5(1)(d) alternatives applies (s.5(2)). The “ought to have been aware / ought to have foreseen” limbs are objective on those facts.
Defences
Not a member of the household / no frequent contact · No significant risk of serious physical harm · Took the steps reasonably to be expected · Under 16 and not the parent (charging bar in s.5(3))
Sentencing Council
Sentencing Council guideline effective 01 April 2023. Offence range: Community order – 12 years’ custody Causing or allowing a child to die Indictable only Maximum: life imprisonment for o.
At the police station
Household membership can include frequent visitors (s.5(4)). This is not the same as CYPA s.1 cruelty.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.