SCOTTISH EXECUTIVE

Back

The Physical Punishment of Children in Scotland: A Consultation

The Scottish Executive Justice Department
February 2000

CONTENTS

Part 1: Introduction and overview
Devolution
The need for change
How to respond to this paper & Getting further copies

Part 2: Background and Context
Guiding and Disciplining Children
Scottish Law Commission 1992 recommendations
Should Physical Punishment be made unlawful?

Part 3: The existing law in Scotland
Criminal Law
Civil Law
The law as it affects children in other, non-domestic settings
International Conventions

Part 4: The need for change
A v the United Kingdom

Part 5: Our Proposals and further options for change
Set out the definition of reasonable chastisement on a statutory basis
Restrict the definition of ‘reasonable chastisement’
Clarification or restriction of who may administer reasonable chastisement
Childminders and non-publicly funded pre-school centres

Part 6: Summary of questions for consultation

ANNEXES
Annex A: Public Opinion in Scotland: extract from SLC Report on Family Law
Annex B: Public Opinion in England
Annex C: Section 12 of the Children & Young Persons (Scotland) Act 1937
Annex D: List of Consultees

The information contained on this WWW site is Crown Copyright but may be reproduced without formal permission or charge for personal or in-house use. © 1997-2000.

Making It Work Together