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Children and Education (Amendment) (Jersey) Law 201-

A LAW to amend the Children (Jersey) Law 2002 and Education (Jersey) Law 1999.

Adopted by the States                                                           10th December 2019

Sanctioned by Order of Her Majesty in Council           [date to be inserted]

Registered by the Royal Court                                            [date to be inserted]

Coming into force                                                                    [date to be inserted]

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Children (Jersey) Law 2002 amended

The Children (Jersey) Law 2002[1] is amended in accordance with Articles 2 and 3.

2        Article 35 (causing harm to or neglecting children under 16) amended

In Article 35, paragraph (5) is deleted.

3        Article 79 (limitation of defence of reasonable corporal punishment) substituted

For Article 79 there is substituted –

“79    Abolition of defence of reasonable corporal punishment

(1)     Any defence of reasonable corporal punishment of a child under customary law is abolished.

(2)     Accordingly, corporal punishment of a child cannot be justified in any civil or criminal proceedings on the grounds that it constituted, for the purposes of any rule of customary law –

(a)     reasonable punishment; or

(b)     acceptable conduct.

(3)     In this Article, “corporal punishment” means, in relation to a child, administering a physical act on the person of a child for the purpose of punishing that child (whether or not there are other reasons for administering the act) which would constitute assault.”.

4        Education (Jersey) Law 1999 amended

In Article 36A (power of members of staff to use reasonable force) of the Education (Jersey) Law 1999[2], for paragraph (6) there is substituted –

“(6)    In paragraph (5), the reference to giving corporal punishment to a child is to administering a physical act on the person of a child, for the purpose of punishing that child (whether or not there are other reasons for administering the act) which would constitute assault.”.

5        Citation and commencement

This Law may be cited as the Children and Education (Amendment) (Jersey) Law 201- and comes into force 7 days after the day on which it is registered.

 

 

 




[1]                                     chapter 12.200

[2]                                     chapter 10.800


Page Last Updated: 10 Jan 2020