AQW 28502/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 10/06/2025
Answered On Date: 20/06/2025
Priority Written: No

Question:
To ask the Minister of Justice what guidance is currently issued to the (i) PSNI; (ii) Public Prosecution Service; and (iii) safeguarding professionals, on the application and limits of the reasonable chastisement defence.

Answer:

As Minister of Justice, my role is independent of the Public Prosecution Service (PPS) and the Police Service of NI (PSNI). Further, the Minister of Health has responsibility for safeguarding professionals.

No guidance is issued by my Department in this regard; however, it is important to note that Article 2 of the Law Reform (Miscellaneous Provisions (NI) Order 2006 has the effect of limiting the grounds on which the defence of reasonable chastisement can be used.

This means if a parent or adult smacks a child and is prosecuted, they can defend themselves in terms of “reasonable chastisement” but only provided the harm is minor. Anything which causes more than transitory or minor discomfort is unlawful and can result in prosecution. This will be an independent decision for the court to make depending on the evidence provided by the prosecution.