NCJ Number
48970
Date Published
1975
Length
4 pages
Annotation
THIS PAPER SETS OUT THE TYPES OF COURT PROCEDURES NOW AVAILABLE IN CASES OF CHILD ABUSE IN ENGLAND; IT DISCUSSES THE COURTS' JURISDICTION AND RELEVANCE, AND WHETHER OR NOT MORE SUITABLE PROCEDURES ARE AVAILABLE.
Abstract
THE BATTERED CHILD SYNDROME IS SEEN AS A MEDICAL OCCURRENCE AND PART OF A WIDE SPECTRUM OF ABUSE TO CHILDREN WHICH INCLUDES PHYSICAL, MENTAL, AND PSYCHOLOGICAL INJURY. SINCE THERE ARE MEDICAL AND SOCIAL WELFARE CONSIDERATIONS TO TAKE INTO ACCOUNT, AS WELL AS LEGAL RIGHTS AND SAFEGUARDS, A MUTUALLY SATISFACTORY SOLUTION IS NOT ALWAYS REACHED. IT IS WITHIN THE DISCRETION OF THE POLICE OR AUTHORIZED PROSECUTING AUTHORITY TO DECIDE WHETHER A CRIMINAL CASE AGAINST AN ADULT AND/OR A CARE OR CONTROL CASE OF THE CHILD IS APPROPRIATE. MOST OF THE CHILD ABUSE CASES IN ENGLAND ARE BROUGHT UNDER THE CHILDREN AND YOUNG PERSONS ACT OF 1933. THE CURRENT COURT JURISDICTIONS ARE CRITICIZED, AND POSSIBLE SOLUTIONS THAT CREATION OF A FAMILY COURT MIGHT PRESENT ARE STUDIED. A SUMMARY IS INCLUDED WHICH REVIEWS THE FOLLOWING MAIN POINTS: POLICE DISCRETION IN CRIMINAL PROCEEDINGS, DETERMINATION OF THE PROCEEDINGS NECESSARY TO PROTECT THE CHILD, LOCAL AUTHORITY OVER THE CHILD WITHOUT COURT ACTION, AND LEGAL PROTECTION OF THE CHILD WHERE COURT CARE PROCEEDINGS ARE NECESSARY. LEGISLATION SHOULD BE PROVIDED WHICH WOULD CREATE AN INTERIM ORDER TO BE EFFECTIVE DURING THE GAP BETWEEN CRIMINAL AND CARE PROCEEDINGS. (RBS)