The defence of reasonable chastisement of a child by his parent remained available despite the Human Rights Act. When directing the jury the judge must give a detailed direction requesting them to consider the nature duration and context of the act, the physical and mental consequences to the child, the age and personal characteristics of the child, and the reasons given for administering the punishment. Standards of reasonableness had changed over time, and there is no impropriety in a judge allowing for this in his directions to the jury.
Citations:
Times 17-May-2001
Jurisdiction:
England and Wales
Crime, Human Rights, Children
Updated: 03 August 2022; Ref: scu.88488
