Protecting children: review of section 12 of the Children and Young Persons (Scotland) Act 1937 and section 42 of the Sexual Offences (Scotland) Act 2009 - consultation

Annex E: Section 12 of the Children and Young Persons (Scotland) Act 1937 (Cruelty to persons under 16) (as amended)

12 Cruelty to persons under sixteen.

(1) If any person who has attained the age of sixteen years and who has parental responsibilities in relation to a child or to a young person under that age or has charge or care of a child or such young person, willfully ill-treats, neglects, abandons or exposes him, or causes or procures him to be 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 a fine or alternatively, or in default of payment of such a fine, or in addition thereto, to imprisonment not exceeding ten years;

(b) on summary conviction, to a fine not exceeding the prescribed sum ^[34] , or alternatively, of in default of payment of such a fine, or in addition thereto, to imprisonment for any term not exceeding twelve ^[35] months.

(2) For the purposes of this section-

(a) a parent or other person legally liable to maintain a child or young person or the legal guardian of a child or young person shall be determined 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 enactments applicable in that behalf.

(b) where it is provided that the death of a child 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 child) while the child 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 child in a manner likely to cause injury to his 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) Where any person who has attained the age of sixteen years is tried on indictment for the culpable homicide of a child or young person under the age of sixteen years and he had parental responsibilities in relation to, or charge or care, of that child or young person, it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under this section, to find him guilty of that offence.