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Amendments

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Amending Acts-

Acts affected

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Children and Young Persons Act 1933 c 12

Cruelty to persons under sixteen

1.--

(1) If any person who has attained the age of sixteen years and has the custody, charge, or care of 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 hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of a misdemeanour, and shall be liable--

(a) on conviction on indictment, to a fine not exceeding one hundred pounds, or alternatively ... or in addition thereto, to imprisonment for any term not exceeding two years;

(b) on summary conviction, to a fine not exceeding one hundred pounds, or alternatively, ... or in addition thereto, to imprisonment for any term not exceeding six months.

(2) For the purposes of this section--

(a) a parent or other person legally liable to maintain a child or young person shall be deemed to have neglecyted 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 proved that the death of an infant under three years of age was caused by suffoocation (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 years, that other person shall, if he was when he went to bed, under the influence of drink, 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 to injury or 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.

(5) If it is proved that a person convicted under this section was directly or indirectly interested in any sum of money accruing or payable in the event of the death of the child or young person, and had knowledge that that sum of money was accruing or becoming payable, then--

(a) in the case of a conviction on indictment, the maximum amount of the fine which may be imposed under this section shall be two hundred pounds, and the Court shall have the power in lieu of awarding any other penalty under this section, to sentence the person convicted to penal servitude for any term not exceeding five years; and

(b)

---11.---

Exposing children under twelve to risk of burning

11. I any person who has attained the age of sixteen years, having the custody, chage or care of any child under the age of twelve years, allows the child to be in any room containing an open fire grate or any heating appliance laibale to cause injury to a person by contact therewith not sufficiently protected to guard against the risk of his being burnt or scalded without taking reasonable recautions against tat risk, and by reason thereof the child is killed or suffers serious injury, he shall on summary conviction be liable to a fine not exceeding level 1 on the standard scale: Provided that neither this section nor anty proceedings taken thereunder, shall affect any liablility of any such person to be proceeded against by indictment for any indictable offenceł

===11.===

---39.--- #Comment - see R v Lee CA 1992 Gaz 9 Sep - for discussion on procedures #for papers to appeal against orders

Power to prohibit publication of certain matter in newspapers

39.--(1) In relation to any proceedings in any court ... the court may direct that

(a) no newspaper report of the proceedings shall reveal the name, address, or school, or incvlude any particulars calculated to lead to the identification of any child or young person concerned in the proceedings, either as being the person by or against or in respect of whom the proceedings are taken, or as being a witness therein:

(b) no picture shall be published in any newspaper as being or including a picture of any child or young person so concerned in the proceedings as aforesaid;

except insofar as it may be permitted by the direction of the court

(2) Any person who publishes any matter in contravention of any such direction shall on summary conviction be liable in respect of each offenceto a fine not exceeding level 5 on the standard scale.

===39.===

44:--

(1) Every court in dealing with a child or young person who is brought before it, either as an offender or otherwise, shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.