New Sentencing Guidelines For Child Cruelty Offences To Come Into Force

Some extracts from the report below which the rogue element of fifth column social workers who inflict to harm with impunity would do well to read:
“Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a fair assessment of the
offender’s culpability.
Culpability demonstrated by one or more of the following:
A High culpability:
• Gratuitous degradation of victim and/or sadistic behaviour
• Deliberate disregard for the welfare of the victim
• Failure to take any steps to protect the victim from offences in which the above factors are present

The court should consider the factors set out below to determine the level of harm that has been
caused or was intended to be caused to the victim.
Psychological, developmental or emotional harm
A finding that the psychological, developmental or emotional harm is serious may be based on
a clinical diagnosis but the court may make such a finding based on other evidence from or on
behalf of the victim that serious psychological, developmental or emotional harm exists. It is
important to be clear that the absence of such a finding does not imply that the psychological,
developmental or emotional harm suffered by the victim is minor or trivial.”

Researching Reform

Guidelines published today by the Sentencing Council set down new sentencing rules for child cruelty offences, as well as failing to protect girls from the risk of Female Genital Mutilation (FGM). The new protocols will come into force on 1 January, 2019.

The guidance covers three separate offences:

  • cruelty to a child;
  • causing or allowing a child to die or suffer serious physical harm; and
  • failing to protect a girl from the risk of FGM

The guidelines come three months after the Justice Committee released a report in which the parliamentary group made several recommendations, including the addition of two further offences:  causing or allowing a child to die or suffer serious physical harm, and failing to protect a child from the risk of FGM. The report also offered a range of aggravating and mitigating factors to be taken into account when sentencing offenders for child cruelty and FGM related crimes…

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