Causing or allowing a child to suffer serious physical harm / Causing or allowing a child to die

Domestic Violence, Crime and Victims Act 2004, s.5 · Crown Court

Sentencing framework

The sentencing framework for these offences involves assessing the offender's culpability and the harm caused to the child. Sentences are categorized based on these factors, with specific starting points and ranges set for each category. Aggravating and mitigating factors are considered to tailor the sentence to the individual circumstances of the case.

Maximum sentence

Life imprisonment for causing or allowing a child to die; 14 years’ custody for causing or allowing a child to suffer serious harm (maximum varies based on date of offence)

Court

Crown Court

Starting point

14 years’ custody for causing or allowing a child to die; 9 years’ custody for causing or allowing a child to suffer serious harm

Offence range

Community order – 18 years’ custody for causing or allowing a child to die; Community order – 12 years’ custody for causing or allowing a child to suffer serious harm

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Failure to seek medical help
·Prolonged suffering prior to death
·Commission of offence whilst under the influence of alcohol or drugs
·Deliberate concealment and/or covering up of the offence
·Blame wrongly placed on others
·Failure to respond to interventions or warnings about behaviour
·Threats to prevent reporting of the offence
·Failure to comply with current court orders
·Offence committed on licence or post sentence supervision
·Offences taken into consideration
·Offence committed in the presence of another child

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Determination and demonstration of steps having been taken to address addiction or offending behaviour, including co-operation with agencies working for the welfare of the victim
·Sole or primary carer for dependent relatives
·Good character and/or exemplary conduct
·Serious medical condition requiring urgent, intensive or long-term treatment
·Mental disorder, learning disability
·Lack of maturity
·Co-operation with the investigation
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — determining the offence category.
Step 2 — establishing culpability and harm.
Step 3 — starting point and category range for the sentence.
Step 4 — considering any factors indicating a reduction.
Step 5 — assessing parental responsibilities.
Step 6 — evaluating dangerousness.
Step 7 — applying the totality principle.
Step 8 — making ancillary orders.
Step 9 — providing reasons for the sentence.
Step 10 — considering time spent on bail.

Guideline notes

This guideline applies only when the victim of the offence is aged 15 or under.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.