Children Bill [HL] — 5 Jul 2004 at 14:30
Resolved in the negative and amendment disagreed to accordingly.
<[i>Amendment No. 106A had been withdrawn from the Marshalled List.]
moved Amendment No. 106B:
After Clause 48, insert the following new clause-
"REASONABLE 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 (c. 100).
(5) In section 1 of the Children and Young Persons Act 1933 (c. 12), omit subsection (7)."
<[i>Amendments Nos. 106C to 106E not moved.]
On Question, Whether the said amendment (No. 106B) shall be agreed to?
Their Lordships divided: Contents, 226; Not-Contents, 91.
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