Children and Education (Amendment) (Jersey) Law 2020


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Children and Education (Amendment) (Jersey) Law 2020

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                         3rd April 2020

Registered by the Royal Court                                                        17th April 2020

Coming into force                                                                               24th April 2020

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 2020 and comes into force 7 days after the day on which it is registered.

l.-m. hart

Deputy Greffier of the States

 




[1]                                     chapter 12.200

[2]                                     chapter 10.800


Page Last Updated: 20 Apr 2020