According to the Children Act 2004 it is against the law to Smack a child except when the punishment is reasonable. Whether or not the smack was reasonable depends on the circumstances surrounding the punishment, the age of the child and the intensity of smacking. Family Law Solicitors warn against smacking that may leave a mark as it is considered “unreasonable” from legal standpoint.
The Legislations surround Child Smacking:-
A parent may be charged with a criminal offence if they have harmed their child as per the following legislations:-
- Section 18, 20 and 47 of the Offences Against the Person Act of 1861.
- Children and Young Persons Act 1933 for children under 16.
The Typical Offences:-
- Common Assault and Bodily Harm:-
- According to Family Law Solicitors, A Common Assault and Bodily Harm suggests that the victim suffered injuries that were not serious and the nature of the assault is equivalent to common assault. Due to the presence of aggravated features they can be categorised as Actual Bodily Harm (ABH).
- Grievous Bodily Harm (GBH) and GBH with intent:-
- A grievous bodily harm would amount to an injury that may result in a permanent disability, loss of sensory function or visible disfigurement.