Children and Young Persons Act (Northern Ireland) 1968

20 Cruelty to persons under sixteen. N.I.

(1) If any person who has attained the age of sixteen and has[F1 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 an offence, and shall be liable—

(a) on conviction on indictment, to[F2 an unlimited fine] or to imprisonment for a term not exceeding[F3 ten years] or to both;

(b) on summary conviction, to a fine not exceeding[F2 level 3 on the standard scale] or to imprisonment for a term not exceeding six months or to both.

(2) For the purposes of this section—

(a) a parent or other person legally liable to maintain a child or young person[F1 , 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 the [Health and Personal Social Services (Northern Ireland) Order 1972 [1972 NI 14] ] or [F4 Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992];

(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, that other person shall, if he was, whilst in bed, under the influence of intoxicating liquor or drugs, 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.

Subs. (4), (5) rep. by 1989 NI 15

(6) 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.

F1 1995 NI 2

F2 1984 NI 3

F3 1989 NI 15

F4 1992 c. 9