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Corporal Punishment of Children (Abolition) Bill

Corporal Punishment of Children (Abolition) Bill






Amend the Children and Young Persons Act 1933 to remove any existing

defence which justifies the corporal punishment of children and to give

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—


Amendment of the Children and Young Persons Act 1933


Section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons

under sixteen) is amended as follows.


In subsection (7), at the beginning there is inserted “Subject to subsection (8) of

this section,”



After subsection (7), there is inserted—


Corporal punishment given to a child by, or on the authority of, any

person, including a parent or guardian, cannot be justified in any

proceedings on the ground that it was given in pursuance of a right

exercisable by the person.



Any reference to giving corporal punishment to a child is to doing

anything for the purpose of punishing that child (whether or not there

are other reasons for doing it) which, apart from any justification,

would constitute battery.


However, corporal punishment shall not be taken to be given to a child


by virtue of anything done for reasons that include averting—


an immediate danger of personal injury to, or


an immediate danger to the property of,


any person (including the child himself).


For the purposes of subsections (8) to (10) “child” means a person under


the age of eighteen years.

Bill 185 53/2

Corporal Punishment of Children (Abolition) Bill




Short title and extent


This Act may be cited as the Corporal Punishment of Children (Abolition) Act



This Act extends to England and Wales only.



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