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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 20

20.(1) If any person who has attained the age of sixteen 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, 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 to imprisonment for a term not
exceeding two years or to both;

(b)on summary conviction, to a fine not exceeding one hundred pounds 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
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] or [the Supplementary Benefits (Northern Ireland) Order 1977];

(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.

(4) 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)if he was convicted on indictment, the court shall have power, in lieu of
imposing any other penalty under this section, to sentence the person
convicted to imprisonment for any term not exceeding five years; and

(b)if he was summarily convicted, the court in determining the sentence to be
imposed shall take into consideration the fact that the person was so
interested and had such knowledge.

(5) For the purposes of subsection (4):

(a)a person shall be deemed to be directly or indirectly interested in a sum
of money if he has any share in or any benefit from the payment of that money,
notwithstanding that he may not be a person to whom it is legally payable; and

(b)a copy of a policy of insurance, certified to be a true copy by an officer
or agent of the insurance company granting the policy, shall be evidence that
the child or young person therein stated to be insured has in fact been so
insured, and that the person in whose favour the policy has been granted is
the person to whom the money thereby insured is legally payable.

(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.

© 1968 Crown Copyright

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