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Victims of child abuse and cruelty are the most vulnerable in our society. As such, the criminal justice system treats allegations of crimes against them with swift and extensive investigation, and heavy sentences for those convicted.
This is, of course right and correct for credible allegations of criminality. But there have, in recent years, been a number of high profile matters in which the allegations have been unfounded.
Being accused of treating a child in a cruel or abusive manner can be a highly stressful experience with the potential to cause significant damage to a suspect’s reputation, career and family, irrespective of outcome.
Suspects have to deal not only with the criminal process, but also with a social services investigation and proceedings in the family court. This can be a painful and difficult experience.
Child abuse includes physical, emotional and sexual criminal offences, as well as neglect, of a child. Someone may abuse or neglect a child or young person by inflicting harm or by failing to prevent harm. Those accused are often family members or those who work in an institutional or community setting such as schools, churches and youth clubs.
The law regarding child cruelty, neglect and violence is set out in Section 1(1) Children and Young Persons Act 1933. It applies to any person aged 16 and over who has responsibility for any child or young person under that age.
An offence under the Act is committed if a person intentionally or recklessly assaults, ill-treats (whether physically or otherwise), neglects, abandons or exposes him, or causes or procures him to be assaulted, ill-treated (whether physically or otherwise), neglected, abandoned, or exposed; in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or a psychological nature).
It is notable that this offence covers a variety of conduct that can either together or separately amount to child cruelty: assault and ill-treatment, failure to protect, neglect and abandonment. Ill-treatment can be non-physical including, for instance, isolation, humiliation or bullying.
Much has been written about the legal status of smacking or slapping children in an attempt to discipline misbehaviour.
Since the introduction of section 58 of the Children Act 2004, reasonable punishment or chastisement is now only a defence to an allegation of common assault. Where an injury is caused which is no more than ‘transient and trifling’, such as a temporary reddening of the skin, the defence does not apply.
Although corporal punishment for the majority of school children has long been abolished, Section 93(1) of the Education and Inspections Act 2006 provides a defence for a member of staff of a school to use such force as is reasonable in the circumstances for the purpose of preventing the pupil committing an offence, causing personal injury to, or damage to property of any person, or engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school.
Section 5 of the Domestic Violence, Crime and Victims Act 2004 created the offence of causing or allowing the death of a child or vulnerable adult. This was extended in 2012 to cover cases of causing or allowing a child or vulnerable adult to suffer serious physical harm.
This offence imposes a duty upon members of a household to take reasonable steps to protect children or vulnerable adults within that household from the foreseeable risk of serious physical harm from other household members.
The purpose behind this legislation was to stop cases collapsing where the prosecution was unable to prove beyond reasonable doubt which parent had caused the injuries. The consequence is that both parents can now be prosecuted and are equally liable to conviction no matter which parent was the perpetrator of the act that actually caused death or serious physical harm, or simply failed to protect them.
In many cases, family court care proceedings take place at the same time as a criminal investigation and prosecution. Depending on the circumstances, these can prove just as stressful and difficult to manage as any criminal investigation.
There are some crucial differences between family and criminal court matters. The first is that the burden of proof in the family court is much lower than that required from a criminal prosecution. In a family court an allegation needs only be proven to the ‘balance of probabilities’ standard rather than ‘beyond reasonable doubt’.
The rules of evidence are also different, with an important distinction being that in family court proceedings – unlike in the criminal court – there is no right to silence. Parents can be compelled to provide a statement. While Section 98 of the Children Act 1989 provides that a statement made under these terms is not admissible in criminal proceedings, it is very likely that it would be disclosed to the police to assist them in their investigation.
Hickman & Rose’s Serious and General Crime team have an enviable track record defending people accused of child abuse. The firm’s team of specialist lawyers have long experience in these matters. They meticulously prepare the case, instruct the leading forensic and medical experts and liaise closely with family lawyers.
The team also offers advice and guidance to potential complainants and witnesses. This may be in relation to reporting an allegation to the police, or providing a witnesses statement. Hickman & Rose lawyers are able to advise on options, liaise with police, and assist throughout the process.
The firm also acts for companies, charities and other organisations which are dealing with allegations of child abuse by providing support through a police investigation, advising in relation to requests for information from the police and the courts and guiding through the criminal justice process.
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