Written Question · S4W-08945 · Session 4
Whether it plans to amend the law so that a person who deliberately causes or allows serious physical harm to a child or vulnerable adult c…
The question
To ask the Scottish Government whether it plans to amend the law so that a person who deliberately causes or allows serious physical harm to a child or vulnerable adult can be sentenced to up to 10 years in prison.
The answer
There are a number of existing criminal laws in relation to the protection of children and vulnerable adults.
Section 12 of the Children and Young Persons (Scotland) Act 1937 contains an offence which, amongst other matters, criminalises the exposing of children to harm where someone has parental responsibilities to a child or someone is in charge of a child. The definition of harm includes where the child dies as a result of the exposure to harm. The maximum custodial penalty available under this offence is up to 10 years imprisonment.
Section 83 of the Adults with Incapacity (Scotland) Act 2000 contains an offence which criminalises the ill-treating or wilful neglect of an adult with incapacity where any person is exercising welfare powers as defined within the 2000 act. The maximum custodial penalty available under this offence is up to two years imprisonment.
In addition to these specific statutory offences, any person who causes another person, including children and vulnerable adults, serious physical harm may be, depending on the circumstances, committing the common law offence of assault. The maximum custodial penalty available under this common law offence is up to life imprisonment.
The Scottish Government does keep the operation of the criminal law under review, but we do not have any current plans at this time to amend the law in these areas.
Section 12 of the Children and Young Persons (Scotland) Act 1937 contains an offence which, amongst other matters, criminalises the exposing of children to harm where someone has parental responsibilities to a child or someone is in charge of a child. The definition of harm includes where the child dies as a result of the exposure to harm. The maximum custodial penalty available under this offence is up to 10 years imprisonment.
Section 83 of the Adults with Incapacity (Scotland) Act 2000 contains an offence which criminalises the ill-treating or wilful neglect of an adult with incapacity where any person is exercising welfare powers as defined within the 2000 act. The maximum custodial penalty available under this offence is up to two years imprisonment.
In addition to these specific statutory offences, any person who causes another person, including children and vulnerable adults, serious physical harm may be, depending on the circumstances, committing the common law offence of assault. The maximum custodial penalty available under this common law offence is up to life imprisonment.
The Scottish Government does keep the operation of the criminal law under review, but we do not have any current plans at this time to amend the law in these areas.
In the Official Report
No contribution in the Official Report cites S4W-08945 by reference.