Will the 15 year old girl who saw what happened to baby p go to jail for seeing it all?
March 18th, 2010Its a hard choice for the police i would think, as being so young and not knowing what to do?
Bahh ill shut up, i could talk all day...
Peace out.
:)
The classic example of this is that a person would not be criminally liable were they to do nothing to save a baby laying face-down in a puddle of shallow water that subsequently drowns.
An extreme example I know, but the principle makes sense if you think about it. If we could be prosecuted for failing to act just imagine the obligation that that would impose upon us. It would mean that we would be compelled to tackle every robber, drunken thug, drug dealer et cetera we come across at great personal risk to ourselves when the prevention of such crime is the proper function of the police. Moreover, whether we decide to be a Good Samaritan or not is a matter of private conscience and should not be dictated by the state.
Of course, as with any other legal principle, there are a host of exceptions to this (both statutory and in the common law). For example, parents and guardians are under a duty of care to ensure the well-being of the child in their care and could be prosecuted for child neglect were they to fail in this duty.
To turn to the Baby P case (the facts of which I know very little about), if the 15-year-old girl played no part in the abuse of the baby and merely failed to inform the proper authorities I cannot see how she could be prosecuted due to the general principle that I have outlined above: i.e., it was an omission as opposed to an act.
But I am not an expert in laws relating to the welfare of children so it is possible that there is an offence found in legislation making it unlawful to not inform the authorities when a person possesses knowledge of child abuse. I doubt this, but I am open to correction if anyone else is more knowledgeable than I am about the area.
Baby P was neglected, abused and tortured by his mother, mothers partner and possibly the friend that had relations with the 15 year old girl.
Lets face it 15 years olds aren't stupid, they know good from bad. She could have informed the authorities anonymously (however spelt)
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