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Family Forum / Parenting / Parenting / July 2004hitting children: what is legal?
Is it still legal to hit a child with a stick or cane? (I was arguing about this with a friend.) ROSIE > Is it still legal to hit a child with a stick or cane? (I was arguing about > this with a friend.) It probably is at the moment, but hopefully won#t be when new laws come into force and parent's who engage in such cruel behaviour will feel the long hand of the law give them it back. >> Is it still legal to hit a child with a stick or cane? (I was arguing >about >> this with a friend.) > >It probably is at the moment, It certainly is at the moment, hitting children at the moment is covered under a law dating back to about 1860, which says that parents can use 'reasonable chastisement' , and basically means you can do whatever you want as long as you don't cause a significant injury.  SignatureChris French > Is it still legal to hit a child with a stick or cane? (I was arguing about > this with a friend.) > > ROSIE Nothing is legal, however there are (at present) no specific laws to prevent smacking, the use of any implement is assault with a weapon and will be treated as use of a weapon able to create deadly force.. (IIRC those are the correct terms) HTH Lost >> Is it still legal to hit a child with a stick or cane? (I was arguing >about [quoted text clipped - 3 lines] >> >Nothing is legal, Yes it is you are allowed to use 'reasonable chastisement' - dates back to the 1860's though I can't remember the name of the bill. Though since the ECHR ruling in 1998 the government agreed to change the law on this >however there are (at present) no specific laws to >prevent smacking, the use of any implement is assault with a weapon and >will be treated as use of a weapon able to create deadly force.. (IIRC those >are the correct terms) Really? I know of no case where a parent has been convicted of assault etc. for using a can or whatever, unless there has been a significant injury - enough to cause ABH. SignatureChris French > >> Is it still legal to hit a child with a stick or cane? (I was arguing > >about [quoted text clipped - 9 lines] > Though since the ECHR ruling in 1998 the government agreed to change the > law on this the term "reasonable Chastisement" is not actually what the parent feels is reasonable, but what a jury of 12 of his peers think.. reasonable to who?? and under what circumstances is it legal to use a weapon? if it was just a hand across the buttocks this is (IMHO) ok, but to some its not... but the use of a shoe, stick, cane, belt, metal dog chain, copper pipe, baseball bat, railway sleeper... (ok taking the piss, but you see what I mean.) IMHO someone who has taken another's life (esp. a minor) has no rights, but they can't be beaten either... so why should a child be beaten for a small misdemeanour but a adult get less severe punishment for more sever crimes (generalisation) children do need discipline.. but always in a controlled manner.. the term "reasonable chastisement" does NOT allow the use of a cane or stick.. it could be construed to allow one to merely tell a child off in a louder than normal voice... its ambiguous to try and claim a term like that actually allows beatings... Lost > >> Is it still legal to hit a child with a stick or cane? (I was arguing > >about [quoted text clipped - 19 lines] > injury - enough to cause ABH. > -- Locally when I was brought up a boy of 17 managed to get his step-dad for assault for using a cane on him. Previously his step-dad had got the lad for assault on him!!! Debbie > Though since the ECHR ruling in 1998 the government agreed to change > the law on this The last iteration/amendment of the Children Bill was on Monday in the House of Lords and specifically dealt with this stuff. The (Hansard) transcript is here: http://tinyurl.com/2j2v9 The subsequently amended bill is here: http://tinyurl.com/2s6rw Section 49 ("Reasonable Punishment") is the relevant bit. -A |
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