Cruelty to a child – assault and ill treatment, abandonment, neglect, and failure to protect

Children and Young Persons Act 1933, s1(1) · Crown Court / Magistrates

Sentencing framework

The guideline establishes a structured approach for sentencing based on the culpability and harm caused by the offender. Culpability is categorized as very high, high, medium or lesser, while harm is assessed based on the severity of psychological or physical harm to the child victim. Sentences can range from community orders to significant terms of custody, emphasizing a careful balance between punishment, protection, and the potential for rehabilitation.

Maximum sentence

14 years’ custody for offences committed on or after 28 June 2022; otherwise 10 years’ custody

Court

Crown Court / Magistrates

Starting point

9 years’ custody for Category 1, A

Offence range

Community order – 12 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Failure to seek medical help
·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

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
·Positive character and/or exemplary conduct (regardless of previous convictions)
·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 — Starting point and category range
Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
Step 4 — Reduction for guilty pleas
Step 5 — Parental responsibilities of sole or primary carers
Step 6 — Dangerousness
Step 7 — Totality principle
Step 8 — Ancillary orders
Step 9 — Reasons
Step 10 — Consideration for time spent on bail (tagged curfew)

Guideline notes

The maximum sentence that applies to an offence is the maximum that applied at the date of the offence.

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.