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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Rough handling of a child ............. long story, but .....

Customer Question

Rough handling of a child ............. long story, but ..... step daughter in bother with police and social services over her baby having bruises on inside of hands - they have taken baby from her and police going to CPS on Tuesday to ask if video they have on mothers mobile phone of mother doing Macarena hand jive while holding babies arms is worthy of prosecution for Rough Handling.
Is there a penalty for rough handling if she prosecuted and found guilty ?
this is only evidence they have and was taken 3 weeks prior to baby bruises showing - mother was away at time of event n baby left in fathers care with grandfather and grandmother in grandfathers house - when she returned at 6.30pm and noticed bruising at 9pm, she took baby to hospital n that's when it all started
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

They are probably saying that it amounts to child cruelty. The penalty would depend on the circumstances and obviously I haven't seen the video but it is quite unlikely that they would have seized it if it didn't show some form of rough handling.

Obviously bruising to the hand of an immobile infant is something that the Crown will be saying is caused by non accidental reasons.

Also the fact that this baby needed to go to hospital tends to suggest there was more serious injury. One would not normally attend at hopsital over some bruising alone.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

thankyou for replying Jo.


baby now 8mnths old - was 4wks old when this happened.

Father = borderline personality disorder n father a schitzaphrenic - both on medication.

Stepdaughter staying at partners parents that day and had left around 9am to go to city for tattoo. baby was left in care of father, grandfather n grandma for the day. she returned at 6.30pm n was shown a very faint bruise on baby arm by partner ( baby father ), as baby with him n his family all day n bruise very faint, she put it down to baby movin round in cot n thought no more of it. around 8pm she was eating her dinner n baby was on floor mat n when baby stretched arm daughter noticed bruise darker n then saw more on hand - she sent mum a pic n asked opinion, and then rang hospital for advice ( against baby father n grandfather wishes ), subsequently then taking baby to hospital to get her checked as she a newborn - no one went with her ! - hospital checked baby out n called in social who took baby next day n have kept her ever since - during investigation of incident daughter learned of partners condition, drug habits, history of violence, suicide attempts, disappearing acts etc etc. Police have scaled case down from abuse to Rough Handling and despite not being there the day baby got hurt, police are now focusing on her saying that due to finding a video on her phone of her playing with baby, she is most likely the one who hurt baby - apparently the father n his clan are no longer a consideration of most probable cause - daughter lost her first baby as a still born so this baby was everything to her and she has done all she been told to do ( get away from partner, seek councelling for her confidence, agreed to assessments, etc ), but the police have extended her bail several times now and case been extended yet again to May - her police assessments and statements have all been a white sheet where as her partners are full of negatives, even his psychological assessment came back with negatives - but the police now sayin she could of hurt baby that morning before goin to city and bruises came out that night - or she hurt baby just before she took her to hospital - now it look like she going to loose baby for doing the right thing !!! and police n social services wonder why the public hate them lol my taxes pay for protection from scum and it the scum that get protected - what a joke our system is

Expert:  Jo C. replied 2 years ago.

They will probably take the view that she could have done that.

The fact that she presented at the hospital does not really assist Im afraid. Baby P's mother was doing that!

The truth is that she will be their main target because she is the primary carer and so the chances are that she is the responsible person or allowing another to abuse the child. That will be their view of it I'm afraid.
Customer: replied 2 years ago.

sad to see isn't it ....... a mother leaves her child in the care of 3 responsible adults all under the same roof and all directly related to baby, while she has a break, only to return from her day out to find that the 3 people baby should have been safe with have been allowed to get away with hurting the child while she takes the rap for something she didn't do - as far as I can see, only thing she did wrong was to entrust the care of the baby to father, grandfather and step grandma - the 3 people she should have been able to trust !! - this is not justice, this is a disgrace.

thankyou Jo for your time and your advice - appreciate your honesty.


Expert:  Jo C. replied 2 years ago.
lf or what its worth, it may all disappear into nothing.

Its one of those rare offences where women do tend to be the primary target.
Customer: replied 2 years ago.

baby will be near on 1yr old in May - and I as a step granddad haven't even had the chance to meet her yet.

so fingers crossed you are right and CPS decide the video 3 weeks prior to the incident is not enough to base a prosecution on - can only hope !!


thankyou again for your time

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

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