Policy background Custodial Sentences Penalty for cruelty to children
Currently, section 1 of the Children and Young Persons Act 1933 provides that the maximum penalty for cruelty to a person under 16 is 10 years’ imprisonment; and section 5 of the Domestic Violence, Crime and Victims Act 2004 provides that the maximum penalty causing or allowing a child or vulnerable adult to suffer serious physical harm is 10 years’ imprisonment and the maximum penalty for causing or allowing a child or vulnerable adult to die is 14 years’ imprisonment.
	Since 2016 Members of Parliament have, on several occasions, asked the Government to consider raising the maximum penalties for these offences amid concerns that they are insufficient to reflect the severity of the harm caused in extreme cases. In July 2021, in response to Tom Tugendhat MP raising the issue at Commons Report stage of the Police, Crime, Sentencing and Courts Bill, the Government undertook to consider it and to bring forward proposals for reform as soon as possible.
	Following such consideration, the government decided to increase the maximum penalties for:
cruelty to a person under 16 from 10 years’ imprisonment to 14 years’ imprisonment;
causing or allowing a child or vulnerable adult to suffer serious physical harm from 10 years’ imprisonment to 14 years’ imprisonment; and
causing or allowing a child or vulnerable adult to die from 14 years’ imprisonment to life imprisonment.
	This will ensure that the courts have the fullest range of sentencing powers available to deal appropriately with those who abuse children. Sections 122 and 123 give effect to these changes.