The Children (Equal Protection from assault) (Scotland) Act 2019 (asp 3) was an Act of the Scottish Parliament that outlaws the use of corporal punishment on children.
| Act of Parliament | |
 | |
| Long title | An Act of the Scottish Parliament to abolish the defence of reasonable chastisement; and for connected purposes. |
|---|---|
| Citation | asp 16 |
| Introduced by | John Finnie MSP |
| Territorial extent | Scotland |
| Dates | |
| Commencement | 7 November 2019, 7 November 2020 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
Legal effect
editBefore the Act's passage all physical attacks on adults could be treated as assault under Scots Law, however, a person accused of assaulting a child could claim the defence of "reasonable chastisement" or "justifiable assault" when they had used physical force as a form of discipline on an individual under the age of 16. The act abolishes this defence, meaning parents and carers could face prosecution for any use of physical punishment on children.[1]
Political debate
editThe bill was lodged by the Scottish Green party MSP John Finnie who argued that it would "send a strong message that violence is never acceptable in any setting". The rule change won the support of his party as well as the SNP, Labour and Lib Dems.[1] Outside of politics the act was praised by the Children and Young People's Commissioner for Scotland and various children's charities.[2]
The bill was opposed by the Conservatives with higher education spokesperson in the Scottish Parliament, Oliver Mundell arguing that “These concerns about criminalisation have been dismissed throughout the passage of this bill but the truth is no one here can guarantee how this bill will be implemented and interpreted by the police, prosecutors or our courts.”[2]
Timeline
editThe ban was passed by the Scottish Parliament on 3 October 2019 and came into force on 7 November 2020.[1][3] At the time of its introduction, Scotland was the only part of the UK to have entirely outlawed all use of corporal punishment on minors[4] but a similar law came into force in Wales in 2022.[5]
See also
editReferences
edit- ^ a b c "Scotland becomes first UK country to ban smacking". BBC News. 3 October 2019. Retrieved 15 November 2020.
- ^ a b Brooks, Libby (3 October 2019). "Scotland becomes first country in UK to ban smacking of children". The Guardian. ISSN 0261-3077. Retrieved 15 November 2020.
- ^ "Scotland becomes first part of UK to ban smacking". BBC News. 7 November 2020. Retrieved 15 November 2020.
- ^ "Wales to bring in smacking ban after assembly vote". BBC News. 28 January 2020. Retrieved 15 November 2020.
- ^ "Wales introduces ban on smacking and slapping children". the Guardian. 21 March 2022. Retrieved 21 March 2022.