Part 5Miscellaneous

Other provisions

58Reasonable punishment

1

In relation to any offence specified in subsection (2), battery of a child cannot be justified on the ground that it constituted reasonable punishment.

2

The offences referred to in subsection (1) are—

a

an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm);

b

an offence under section 47 of that Act (assault occasioning actual bodily harm);

c

an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under 16).

3

Battery of a child causing actual bodily harm to the child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment.

4

For the purposes of subsection (3) “actual bodily harm” has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861.

5

In section 1 of the Children and Young Persons Act 1933, omit subsection (7).