Page images
PDF
EPUB

5

(6) The foregoing provisions of this section shall A.D. 1924. apply in the case of any woman of unsound mind who is of or over the age of eighteen years in the same manner as they apply in the case of a girl.

57. A court of quarter sessions shall not have power to try any indictment under this Part of this Act.

Jurisdiction of in respect of

quarter sessions offences under Part IV.

58. In this Part of this Act the expression "woman Definition. of unsound mind" has the same meaning as in Part III. 10 of this Act.

PART V.

OFFENCES AGAINST CHILDREN AND YOUNG PERSONS.

59.-(1) If any person unlawfully exposes or aban- Punishment dons any child under the age of seven years, whereby for exposure 15 the life of such child is endangered or the health of such or abandonchild seriously injured, he shall be guilty of a misdemeanour, and shall be liable

20

25

(a) upon conviction on indictment to be kept in
penal servitude for five years or any shorter

term;

(b) upon summary conviction to be imprisoned,
with or without hard labour, for any term not
exceeding twelve months, or to a fine not
exceeding two hundred pounds, or to both
such imprisonment and such fine.

(2) If upon the trial of an indictment for criminal homicide the jury are not satisfied that the accused person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of an offence under 30 this section, they may acquit him of the offence charged in the indictment and find him guilty of that other offence.

ment of

young child.

young

60.-(1) If any person having the custody, charge Punishment or care of any child or young person, unlawfully assaults, for cruelty 35 or wilfully neglects, abandons, exposes, or otherwise to child or by any act or omission, ill-treats that child or young person. person so as to cause or be likely to cause that child or young person any unnecessary suffering or any injury to his health (including injury to or loss of sight or

A.D. 1924. hearing or limb or organ of the body, and any mental derangement, and any loss or diminution of mental power), that person shall be guilty of a misdemeanour, and for the purposes of this section a parent or guardian of, or any other person legally liable to maintain, a child 5 or young person, shall be deemed to have wilfully neglected that child or young person so as to be likely to cause injury to his health if he fails to provide for that child or young person sufficient and proper food and clothing, or sufficient lodging, or any requisite medical 10 or surgical treatment, or if being unable otherwise to provide such food, clothing, lodging or treatment, he fails to take steps to procure the same to be provided under the enactments for the time being in force relating to the relief of the poor.

Suffocation

of infants.

(2) A person guilty of a misdemeanour under this section shall be liable

(a) upon conviction on indictment to be kept in
penal servitude for five years or any shorter
term; or
(b) upon summary conviction to be imprisoned,
with or without hard labour, for any term not
exceeding twelve months, or to a fine not
exceeding two hundred pounds, or to both
such imprisonment and such fine.

(3) A person may be convicted either on indictment or summarily of an offence under this section notwithstanding

15

20

25

30

(a) the death of the child or young person in respect of whom the offence was committed; or (b) that actual suffering or actual injury to health, or the likelihood of such suffering or injury, was obviated by the action of another person. (4) If upon the trial of an indictment for manslaughter the jury are not satisfied that the accused 35 person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of an offence under this section, they may acquit him of the offence charged in the indictment and find him guilty of that other offence.

61. (1) Where

(a) the death of an infant under the age of three years is caused by suffocation (not being suffocation caused by disease or the presence

40

5

10

15

of any foreign body in the throat or air- A.D. 1924.
passages of the infant), whilst the infant is
in or on any bed or is otherwise asleep or
resting in any place, whether a building or
not; and

(b) any person in or on the same bed or otherwise sleeping or resting with the infant is, at the time of going to bed or otherwise lying down to sleep or rest, under the influence of drink, or after going to bed or otherwise lying down as aforesaid becomes under that influence; such person shall for the purposes of this Part of this Act be deemed

(i) to have been a person having the care of the
infant; and

(ii) to have wilfully neglected the infant so as to
cause injury to its health;

and the provisions of this Part of this Act shall extend accordingly, so, however, that a court of summary juris20 diction, or a court of quarter sessions, shall not have power to deal summarily with the case or to try the indictment, as the case may be.

25

30

(2) For the purposes of this section:

(a) A person shall be deemed to be or to become
under the influence of drink if he is or be-
comes under the influence of any intoxicating
liquor or any sedative, narcotic, or stimulant,
drug or preparation; and

(b) The expression "bed" includes any couch,
sofa, chair or similar article; and

the

(c) The expression "going to bed " has a meaning
corresponding to the meaning
expression in or on any bed."

66

of

sons to risk

62. (1) If any person having the custody, charge Exposing 35 or care of any child or young person, who is a defective certain within the meaning of paragraphs (a), (b) or (c) of section children and one of the Mental Deficiency Act, 1913, or of any child young perunder the age of ten years, causes, procures or permits of burning such child or young person to be in any room containing or scalding 40 an open fire or gas grate not sufficiently protected to through unguard against the risk of the child or young person being protected burnt or scalded without taking reasonable precautions grate.

A.D. 1924. against that risk, and by reason thereof the child or young person is seriously burnt or scalded, he shall be liable upon summary conviction to a fine not exceeding fifty pounds.

Increase of penalty for assault occasioning actual bodily harm when committed on child or young person.

Increase of powers of courts of

(2) This section shall not, nor shall any proceedings 5 thereunder, take away or diminish any liability to be proceeded against by indictment for any indictable offence.

63. If it is alleged in an indictment for any assault occasioning actual bodily harm and proved

(a) that the person in respect of whom the offence was committed was under the age of sixteen years; and

10

(b) that the assault was committed by a person having the custody, charge or care of the person 15 upon whom the assault was committed;

it shall be lawful for the court upon the conviction of the accused person to sentence him to be kept in penal servitude for five years or any shorter term.

64. Without prejudice to any liability to prosecution 20 on indictment, if in any proceedings before a court of summary jurisdiction for unlawfully and maliciously jurisdiction wounding, or for inflicting any grievous bodily harm, or for an assault occasioning actual bodily harm, the court is satisfied

summary

in case of

certain

offences

against

child or young person.

Definitions of "child"

and "young person."

(a) that the person in respect of whom the offence was committed was under the age of sixteen years; and

25

(b) that the offence was committed by a person
having the custody, charge or care of the other 30
person;

it shall be lawful for the court upon the summary con-
viction of the accused person to sentence him to be
imprisoned, with or without hard labour, for any term
not exceeding twelve months or to a fine not exceeding 35
two hundred pounds, or to both such imprisonment and
such fine.

65. For the purposes of this Part of this Act

(a) The expression "child" means a person under the age of fourteen years; and

40

5

66

[ocr errors]

(b) The expression young person means a A.D. 1924.
person of or over the age of fourteen years
and under the age of sixteen years.

PART VI.

MISCELLANEOUS OFFENCES.

66.-(1) If any person being married marries any Bigamy. other person during the life of the former husband or wife he shall be guilty of a misdemeanour, and shall be liable upon conviction on indictment to be kept 10 in penal servitude for five years or any shorter term.

(2) It shall be immaterial whether the second marriage took place in England or Wales or elsewhere, either within or without His Majesty's dominions.

(3) Any offence under this section may be dealt 15 with, inquired of, determined, and punished in any county or place in England or Wales where the offender shall be apprehended or be in custody in the same manner in all respects as if the offence had been actually committed in that county or place.

20

25

30

35

(4) Nothing in this section shall extend

(a) to any second marriage contracted elsewhere
than in England or Wales, whether within
or without His Majesty's dominions, by any
person who is not a British subject; or
(b) to any person marrying a second time whose
husband or wife has been continually absent
from such person for the space of seven
years then last past and is not known by
such person to be living within that time; or
(c) to any person who at the time of such second
marriage has been divorced from the bond of
the first marriage; or

(d) to any person whose former marriage has been
declared void by the sentence or decree of
any court of competent jurisdiction.

67.—(1) If any person by any disposition of the Concealdead body of a child, whether that child died before ment of or after or during its birth, wilfully conceals or attempts birth. to conceal the birth of that child, he shall be guilty 40 of a misdemeanour, and shall be liable upon conviction

« PreviousContinue »