'Bystander Law' Mooted To Protect Elderly, Kids

The Law Reform Commission has recommended the introduction of a so-called “bystander” offence targeting parents and carers who “fail to protect” children or vulnerable adults from death or serious harm resulting from an unlawful act.

The commission said on Thursday that in many domestic violence cases, it is difficult to prove under existing laws whether the parents or carers had killed or injured the victim.

Amanda Whitfort, the head of a sub-committee under the commission looking into the matter, said a key feature of the proposed offence is that it would not be necessary for the prosecution to prove whether the defendant was a perpetrator or a culpable bystander.

“This offence is essentially about a duty to care,” she explained.

“The message would be that if you have a child or the carer of a vulnerable adult, you are responsible for protecting that person, and if you do not take the responsibility seriously, you expose yourself to potential criminal liability,” she said.

The commission recommends that the offence should carry a maximum penalty of 20 years' imprisonment in fatal cases.

A three-month public consultation exercise on the proposal will run until August 16.