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CRIMINAL LAW

Disciplining Your Children

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This topic is duplicated under our topic -  "Smacking Children - The Law".

 

There has been much discussion over the last two years about the outlawing of smacking children but now a private member’s bill on this difficult subject has drawn the ballot for early consideration by Parliament.

 

Let us bring you up to date.

 

The debate rages from the age-old adage “spare the rod and spoil the child” to the modern concept that no physical force against kids is justifiable in any circumstances. 

The OLD LAW was

59. Domestic discipline -

(1) Every parent of a child and, subject to subsection (3) of this section, every person in the place of the parent of a child is justified in using force by way of correction towards the child, if the force used is reasonable in the circumstances.

(2) The reasonableness of the force used is a question of fact.

(3) Nothing in subsection (1) of this section justifies the use of force towards a child in contravention of section 139A of the Education Act 1989.

This OLD section deals with rights to smack a child. The force used had to be reasonable. It provided a defence against a charge of assault. The Government is currently thinking of changing the law and repealing this section.   NOW ALL GONE.

The NEW LAW is -

59 – Parental Control<

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