Smacking: banned!

Photo by Anna Kolosyuk on Unsplash

John Finnie, a Green Party member of the Scottish Parliament introduced a Bill (Children (Equal Protection from Assault) (Scotland) Bill) on 6 September 2018.

This Bill seeks to remove the common law defence of reasonable chastisement in Scotland which permits parents and guardians (primarily) to use smacking as a punishment in relation to children in their care.

The main objective of the Bill was expressed in its accompanying Explanatory Notes:

A person charged with assault of a child will no longer be entitled to claim that a use of physical force was justifiable on the basis that it was physical punishment administered in exercise of a parental right (or a right derived from having care or charge of a child). This will give children the same protection from assault as adults.

This week (beginning 30 September 2019), Mr Fannie’s Bill passed Stage 3 of the legislative process in the Scottish Parliament. The Bill will shortly receive the Royal Assent (a mere formality) thus becoming the Children (Equal Protection from Assault) (Scotland) Act 2019.

An info graphic showing that the Bill has now passed Stage 3 of the legislative process in the Scottish Parliament can be found below:

As a result of the passing of this Bill into law, Scotland will follow 54 other countries from around the world where the physical chastisement of children is now the criminal offence of assault.

A link to how the passing of the Bill was reported by The Guardian can be found below:

https://www.theguardian.com/uk-news/2019/oct/03/scotland-becomes-first-country-in-uk-to-ban-smacking-of-children

Copyright Seán J Crossan, 4 October 2019

Published by

sjcrossan1

A legal blog by the author of Introductory Scots Law: Theory & Practice (3rd Edition: 2017; Hodder Gibson) Sean J. Crossan BA (Hons), LLB (Hons), MSc, TQFE I have been teaching law in Higher and Further Education for nearly 25 years. I also worked as an employment law consultant in a Glasgow law firm for over a decade. I am also a trade union representative and continue to make full use of my legal background. Please note that this Blog provides a general commentary about issues in Scots Law. It is not intended as a substitute for in-depth legal advice. If you have a specific legal problem, you should always consult with a qualified Scottish solicitor who will be able to provide you with the support that you require.

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