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Amend
the Children and Young Persons Act 1933 to remove any existing
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defence which justifies the
corporal punishment of children and to give |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Children and Young Persons Act 1933 |
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(1) |
Section 1 of the Children
and Young Persons Act 1933 (c. 12) (cruelty to persons |
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under sixteen) is amended
as follows. |
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(2) |
In subsection (7), at the
beginning there is inserted “Subject to subsection (8) of
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5 |
(3) |
After subsection (7), there
is inserted— |
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“(8) |
Corporal punishment given
to a child by, or on the authority of, any |
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person,
including a parent or guardian, cannot be justified in any |
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proceedings
on the ground that it was given in pursuance of a right |
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exercisable
by the person. |
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(9) |
Any reference to giving
corporal punishment to a child is to doing |
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anything
for the purpose of punishing that child (whether or not there
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are
other reasons for doing it) which, apart from any justification,
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would
constitute battery. |
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(10) |
However, corporal punishment
shall not be taken to be given to a child |
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by
virtue of anything done for reasons that include averting— |
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(a) |
an
immediate danger of personal injury to, or |
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(b) |
an
immediate danger to the property of, |
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any
person (including the child himself). |
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(11) |
For the purposes of subsections
(8) to (10) “child” means a person under |
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the
age of eighteen years. |
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