Children and families
Cruelty to a child
Children and Young Persons Act 1933, s.1
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 14 years’ custody for offences committed on or after 28 June 2022; otherwise 10 years’ custody
Actus reus
- A person aged 16 or over who has responsibility for a child or young person under 16 wilfully assaults, ill-treats (physically or otherwise), neglects, abandons or exposes him, or causes or procures that, in a manner likely to cause unnecessary suffering or injury to health — physical or psychological (CYPA 1933, s.1(1)).
- Actual suffering need not have occurred if another person intervened; death of the child does not bar conviction (s.1(3)).
Mens rea
- “Wilfully” applies to the assault, ill-treatment, neglect, abandonment or exposure. Likelihood of unnecessary suffering or injury to health is the manner of the conduct — not a requirement that the accused hoped for injury.
Defences
Accused under 16 or without responsibility for the child · Conduct not wilful · Not likely to cause unnecessary suffering or injury to health · Deny the act / that the client was the carer at the material time
Sentencing Council
Sentencing Council guideline effective 01 April 2023. Offence range: Community order – 12 years’ custody.
At the police station
Maximum 14 years for offences on or after 28 June 2022. Map who had responsibility that day and what the medical evidence actually says.
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.
- Statute:Children and Young Persons Act 1933, s.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Child abuse (non-sexual) ↗