Prison for smacks that leave a mark

Published on Saturday 15 January 2005 12:04

PARENTS in England and Wales who smack their children hard enough to leave a mark will face up to five years’ imprisonment from today.

New laws which came into force at midnight allow mild smacking but criminalise any physical punishment which causes visible bruising.

A "reasonable chastisement" defence will still be available to parents but they could be charged with common assault if a smack causes bruises, grazes, scratches, swellings or cuts.

Child protection charity the NSPCC said the law was flawed and called for a total ban on smacking, saying the new law would only confuse parents and leave children at risk of abuse.

NSPCC boss Mary Marsh said: "Hitting a child remains legal - as long as parents do not cause children injury amounting to anything more than transient reddening of the skin.

"This new law is flawed. There is a risk that parents may choose to hit children on parts of their body where injury is less visible, such as the head, which can cause serious harm." The Government suffered a rebellion by 47 Labour MPs who wanted a total ban when the measures were passed in the Children Act last November.

Children’s groups have been calling for England and Wales to follow Scotland’s example and change the law to give more protection to children.

In October 2003, the Scottish Executive outlawed hitting on the head, shaking and punishing with a belt, cane or other implement. Only "reasonable chastisement" is allowed.

Mrs Marsh added: "Defining acceptable ways to hit children should become a thing of the past. It should be just as wrong to hit a child as it is to hit an adult."

A Department for Education and Skills spokeswoman said: "The Government has sent a clear message to parents that they will not be criminalised for bringing up their children in a supportive disciplinary environment and are able to consider smacking as part of that. Abuse is abuse and should be prosecuted. We are not going to tolerate criminal violence against children."