Proposal to increase the existing maximum sentences for the offence of causing or allowing a child or vulnerable adult to die or suffer serious physical harm

Overview

The Department of Justice is inviting views on proposed legislative changes to increase the existing maximum statutory custodial sentences for the offence of "causing or allowing a child or vulnerable adult to die or suffer serious physical harm".

The consultation seeks views on whether the current maximum sentences of 14 years (in the case of causing or allowing a child or vulnerable adult to die) and 10 years (in the case of causing or allowing a child or vulnerable adult to suffer serious physical harm) provide the court with sufficient powers to deal with these offences, or whether the sentences should be increased.

The Department is proposing that these maximum sentences should be increased as set out below:

(1) in respect of “causing or allowing a child or vulnerable adult to die”, we propose that the maximum sentence should be increased from the current 14 years maximum to life imprisonment. This would give the courts the powers to impose a minimum custodial period before a person would be eligible for consideration for release from prison. When the person was released, they would be on licence for the remainder of their life; and

(2) in respect of “causing or allowing a child or vulnerable adult to suffer serious physical harm” we propose that the maximum sentence should be increased from the current 10 years maximum to 14 years.

Why your views matter

The Department is of the view that tougher penalties for this offence would ensure that children and vulnerable adults were afforded fairness and equality in the criminal justice system, by ensuring that sentencing powers were available to reflect the severity of offences. The proposed sentences reflect those that are currently available for the offences of murder / manslaughter and grievous bodily harm.