AQW 28503/22-27

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 legal protections are currently in place for children who are physically punished under the defence of reasonable chastisement.

Answer:

Children who are physically punished under the defence of reasonable chastisement have legal protections in that an adult’s defence in such a case can only be successful if the harm to the child is minor: anything which causes more than transitory or minor discomfort is unlawful and can result in prosecution. This is an independent decision for the court to make depending on the evidence provided by the prosecution.

The current position is, in my view, unacceptable in that children do not have the same legal protections as adults, where the defence of reasonable chastisement is obviously not available. I am in agreement with the views of experts such as the Royal College of Paediatrics and Child Health, who have warned of the adverse impacts on children who are, under the law as it stands, “reasonably chastised” and of the risk of the availability of that defence making safeguarding more subjective and complex for professionals. That is why I support equal protection and will continue to strongly encourage all of my Executive colleagues to agree to a change in the law.