New Clause 3 - Child maltreatment

Part of Crime and Courts Bill [Lords] – in a Public Bill Committee am 11:15 am ar 12 Chwefror 2013.

Danfonwch hysbysiad imi am ddadleuon fel hyn

‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under sixteen) is hereby repealed and replaced as follows—

“1 Child maltreatment

(1) It is an offence for a person with responsibility for a child intentionally or recklessly to subject that child or allow that child to be subjected to maltreatment, whether by act or omission, such that the child suffers, or is likely to suffer, significant harm.

(2) For the purposes of this section:

(a) ‘recklessly’ shall mean that a person with responsibility for a child foresaw a risk that an act or omission regarding that child would be likely to result in significant harm, but nonetheless unreasonably decided to take that risk;

(b) ‘responsibility’ shall be as defined in section 17;

(c) ‘maltreatment’ includes—

(i) neglect (including abandonment),

(ii) physical abuse,

(iii) sexual abuse,

(iv) exploitation, and

(v) emotional abuse (including exposing the child to violence against others in the same household);

(d) ‘harm’ means the impairment of—

(i) physical or mental health, or

(ii) physical, intellectual, emotional, social or behavioural development.

(3) Where the question of whether harm suffered by a child is significant turns on the child’s health or development, that child’s health or development shall be compared with that which could reasonably be expected of a similar child.”.’.—(Paul Goggins.)