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Ask the Expert: Smacking children

1 min read Legal

Is it legal to smack a child?

It is against the law for one person to assault another.

However, it is lawful for a parent to smack his or her child as long as the smacking does not go beyond the line of “reasonable chastisement”, otherwise, the parent could be charged with assault. While there is no clear definition of “reasonable chastisement”, Section 58 of the Children Act 2004 holds that a parent may smack his or her child as a disciplinary measure, as long as the actions do not cause actual bodily harm.

The meaning of “reasonable chastise­ment” depends on factors such as the child’s age and the nature of the smack. If the punishment is severe enough to leave a mark, a scratch, a bruise, minor swelling or cause mental harm, a parent could be prosecuted for assault. If an instrument is used to inflict the punishment this may also warrant prosecution.

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