Criminal Justice Act 2006

PART 15

Miscellaneous

176

Reckless endangerment of children.

176.— (1) In this section—

“abuser” means an individual believed by a person who has authority or control over that individual to have seriously harmed or sexually abused a child or more than one child;

“child” means a person under 18 years of age, except where the context otherwise requires;

“serious harm” means injury which creates a substantial risk of death or which causes permanent disfigurement or loss or impairment of the mobility of the body as a whole or of the function of any particular member or organ;

“sexual abuse” means an offence under paragraphs 1 to 13 and 16( a) and ( b) of the Schedule to the Sex Offenders Act 2001.

(2) A person, having authority or control over a child or abuser, who intentionally or recklessly endangers a child by—

( a) causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse, or

( b) failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation,

is guilty of an offence.

(3) Where a person is charged with an offence under subsection (2), no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or both.

Annotations:

Editorial Notes:

E36

Offence under section included in definition of “specified offence” for purposes of Taxi Regulation Act 2013 (37/2013) (6.04.2014) by Taxi Regulation Act 2013 (37/2013), ss. 10, 30, 31 and sch. part 1 item 16, S.I. No. 163 of 2014.

E37

Offence under section included in sch. 1 (offences against children for purposes of offence under s. 2) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.