Crown rejects presumption against smacking prosecution

Proposed laws to ban the smacking of children should not include a presumption against prosecution for parents, MSPS have been told.

The Children (Equal Protection from Assault) Bill will, if passed, remove the defence of “justifiable assault” in Scots law, which allows parents to use physical punishment on children.

Holyrood’s equalities and human rights committee wrotetothecrownofficeafter taking evidence from witnesses about the bill.

The committee highlighted that some witnesses had suggested the bill should not mean parents are fined and are instead educated. MSPS asked if there would be merit in writing a presumption against prosecution into the legislation.

In a written reply, the Crown Office said: “The Crown would oppose the enactment of a presumption which would necessarily impinge on the exercise of the independent prosecutorial function.”

The Crown Office said if the bill is enacted, reports from the police on assaults on children as a form of punishment could increase and it would not be unusual for awareness raising and changes in societal attitudes to result in increased reporting.

It added that each case would be considered on facts and prosecutions would only take place if they were considered to be in the public interest.