Part 1Domestic violence etc
F1Causing or allowing a child or vulnerable adult to die or suffer serious physical harm
5The offence
1
A person (“D”) is guilty of an offence if—
a
a child or vulnerable adult (“V”) dies F2or suffers serious physical harm as a result of the unlawful act of a person who—
i
was a member of the same household as V, and
ii
had frequent contact with him,
b
D was such a person at the time of that act,
c
at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and
d
either D was the person whose act caused F3the death or serious physical harm or—
i
D was, or ought to have been, aware of the risk mentioned in paragraph (c),
ii
D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and
iii
the act occurred in circumstances of the kind that D foresaw or ought to have foreseen.
2
The prosecution does not have to prove whether it is the first alternative in subsection (1)(d) or the second (sub-paragraphs (i) to (iii)) that applies.
3
If D was not the mother or father of V—
a
D may not be charged with an offence under this section if he was under the age of 16 at the time of the act that caused F4the death or serious physical harm;
b
for the purposes of subsection (1)(d)(ii) D could not have been expected to take any such step as is referred to there before attaining that age.
4
For the purposes of this section—
a
a person is to be regarded as a “member” of a particular household, even if he does not live in that household, if he visits it so often and for such periods of time that it is reasonable to regard him as a member of it;
b
where V lived in different households at different times, “the same household as V” refers to the household in which V was living at the time of the act that caused F5the death or serious physical harm.
5
For the purposes of this section an “unlawful” act is one that—
a
constitutes an offence, or
b
would constitute an offence but for being the act of—
i
a person under the age of ten, or
ii
a person entitled to rely on a defence of insanity.
Paragraph (b) does not apply to an act of D.
6
In this section—
“act” includes a course of conduct and also includes omission;
“child” means a person under the age of 16;
“serious” harm means harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861 (c. 100);
“vulnerable adult” means a person aged 16 or over whose ability to protect himself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise.
7
A person guilty of an offence under this section F6 of causing or allowing a person's death is F8liable—
a
on conviction on indictment in England and Wales, to imprisonment for life or to a fine, or to both;
b
on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 14 years or to a fine, or to both.
F78
A person guilty of an offence under this section of causing or allowing a person to suffer serious physical harm is F9liable—
a
on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 14 years or to a fine, or to both;
b
on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 10 years or to a fine, or to both.
S. 5 cross-heading substituted (E.W.) (2.7.2012) by Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4), ss. 1(7), 4(2) (with s. 1(8)); S.I. 2012/1432, art. 2 and s. 5 cross-heading substituted (N.I.) (29.1.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 96(7), 106(2); S.R. 2015/418, art. 2(b)