Scotland will become the first country in the UK to make smacking children a criminal offence.
A vote on 3 November is expected to overwhelmingly pass a bill that will completely outlaw the current defence of ‘reasonable chastisement’ under Scottish law meaning parents could potentially face prosecution for any use of physical punishment upon children.
Initially proposed by the Scottish Green Party, the bill has won cross-party support, with all but the Scottish Conservatives planning to vote to pass the new legislation.
The new legislation will completely outlaw the current defence of ‘reasonable chastisement’ meaning parents could potentially face prosecution for any use of physical punishment upon children.
Currently, parents and carers are allowed to use ‘reasonable force’ to discipline children over the age of three, despite the Scots Law regarding any physical attack on an adult as an ‘assault’.
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27/50 6 September 2019
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34/50 30 August 2019
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45/50 19 August 2019
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Jord_wxm29/Twitter/PA
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47/50 17 August 2019
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50/50 14 August 2019
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AFP/Getty
In practice, ‘reasonable force’ means parents smacking children on the body usually escape criminal charges but blows to the head or with an implement are strictly prohibited.
Despite backing from children’s charities and favourable responses to a consultation on Finnie’s bill, a 2018 opinion poll conducted for The Sunday Times Scotland suggested 53% of Scots are opposed to a ban.
John Finnie MSP, the Scottish Greens politician who introduced the bill, said “It is staggering that our smallest and most vulnerable citizens are the only people who do not currently have this protection, and now is the time to rectify that.”
“The international evidence tells us that it can have serious adverse impacts on children, and that it is not effective.”
Pro-smacking campaign group Be Reasonable, said the ban could “end up doing more harm than good.”
“Seeking to further the protection of children is highly commendable, but a smacking ban is not the way to do it,” commented Be Reasonable spokesperson Jamie Gillies.
“The government should invest in current services, which are already hard-pressed, and bolster their ability to identify and tackle abuse.”
Research from 2015 suggests between 70% to 80% of UK parents have used physical punishment to discipline children, despite complementary studies that show smacking upsets children and doesn’t always prevent further bad behaviour.
