Note: The matters discussed in this article are for general information only, and should not be applied to any particular situation or set of facts without legal advice.

The Criminal Code seeks to protect children from acts of cruelty. It also makes it a criminal offence to neglect a child where a person has a duty to care for a child under his supervision and protection.

A person may be responsible for providing the basic necessities of life (food, shelter, access to medical care, etc) to another person. If he ceases to do so without a lawful excuse, and as a result places the first person’s life or health in danger, he is guilty of a crime and may be imprisoned for up to five years. The duty of care extends not only to parents, but to any person having the care of children or other dependents.

Any act which generally constitutes cruelty to a child is also a punishable offence. This applies to a person over sixteen years who has assumed the care of younger children. The law prohibits assaulting, neglecting, abandoning, ill-treating these children, or placing them in any situation where such harm can come to them, where it causes them unnecessary suffering or injury to health. This includes both physical and mental injury.
The following applies to crimes constituting cruelty to children:

• A parent or other person having the care of a child is deemed to have neglected the child if he fails to provide adequate food, clothing, medical aid or lodging
• Where a child under three years dies from suffocation while in bed with the person caring for him, that person is deemed guilty of neglect if it is proven that he went to bed under the influence of alcohol

• A person who gives, or causes an intoxicating drink to be given to a child, is deemed to have mistreated that child in a manner likely to cause him harm.

• A person caring for a child under seven years, is deemed to have neglected that child, if he allows the child to be near an unprotected open fireplace or stove, and the child is injured or killed as a result.
• The provisions above do not affect the right of a parent, teacher or person caring for a child from administering reasonable punishment to him.

Another specific offence applies to persons caring for children under the age of two years. If such a child is abandoned or exposed to danger, a crime punishable by up to seven years imprisonment is committed.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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