Considerations for When to Press Charges for Ill-treatment of Young Persons by Causing Emotional Harm

Mr Louis Ng Kok Kwang asked the Minister for Home Affairs (a) what are the factors taken into consideration when deciding on whether or not to press charges for ill-treatment of a child or young person by causing emotional harm as defined under sections 6(3)(b)(ii) and 6(3)(c)(ii) of the Children and Young Persons Act 1993; and (b) whether the Ministry is able to share any past case studies to illustrate the above.

The responsibility and discretion for deciding whether to charge a person and, if so, which offence provision to use, lies with the Public Prosecutor. In making such decisions, the Public Prosecutor may consider several factors, in particular whether there is evidence of emotional harm as defined by the Children and Young Persons Act 1993. Whether the evidence is sufficient depends in turn on a variety of other factors, including the child or young person's ability and willingness to be interviewed, the availability of medical and psychological evidence and the availability of corroborative evidence, for example, from the school at which the child was studying or other observers.

The Ministry does not have any past case to share.