The Department of Justice is considering its next steps on a
proposal to make the offence of causing or allowing a child or
vulnerable adult to die punishable by life imprisonment.
Publishing a summary of responses from a public consultation on
the subject, Justice Minister said: “I would like to thank
those who engaged with the consultation for taking the time to
provide such comprehensive responses.
“Legislation is put in place to serve and protect the public, so
it is only right that the public has a say with regards to the
development of legislation and policy. The responses will now
play a key part in the next steps taken by my officials on this
very important issue.”
The consultation posed a series of questions relating to the
maximum sentences for the offence of causing or allowing a child
or vulnerable adult to die or suffer serious physical harm.
It proposed increasing the maximum sentence for causing or
allowing the death of a child or vulnerable adult from 14 years
to life imprisonment.
It further proposed increasing the maximum sentence for causing
or allowing serious physical harm from 10 years to 14 years.
The Minister continued: “Overall, respondents overwhelmingly
welcomed the proposal to increase the maximum custodial sentences
for the offences.
“As these proposals require primary legislation, it is not my
Department's intention to bring forward these revised sentencing
arrangements during the current Assembly mandate.
“Consideration will be given to identifying an appropriate
legislative vehicle to bring them forward during the next
mandate.”
Almost nine in 10 respondents (89%) to the consultation supported
making the offence of causing or allowing a child or vulnerable
adult to die punishable by life imprisonment.
A similar percentage approved of raising the maximum sentence for
causing or allowing a child or vulnerable adult to suffer serious
physical harm from 10 years to 14 years.
The proposed changes to sentences relate to the offence of
causing or allowing a child or vulnerable adult to die or suffer
serious physical harm.
It was enacted to deal with the situation where it was clear that
one of a limited number of members of a household was responsible
for the death or serious harm of a child or vulnerable adult (and
there was no evidence that they acted jointly), but there was
insufficient evidence to point to the particular person
responsible. The offence means that, in such cases, all
individuals can be charged.
The death or harm must be caused by an unlawful act; not from an
accident or a natural cause, and the defendant must have been a
member of the same household as the victim and had frequent
contact with the victim.
The offence can also be used where one person caused the death or
serious harm and another allowed it by failing to act to prevent
it when they had a duty to protect the victim from harm. In such
cases, both individuals can be charged.
Notes for editors:
- The public consultation summary of responses is available to
view here: Proposal to increase the
existing maximum sentences for the offence of causing or
allowing a child or vulnerable adult to die or suffer serious
physical harm consultation – Summary of Responses | Department
of Justice
- The public consultation opened on Thursday, 19 June 2025 and
closed on Wednesday, 13 August 2025.
