How is smaking regulated in England,Scotland and wales?
(2,000 2,500 words)
Focus on smacking
Explain that this chapter will take a doctrinal approach to compare how smacking is regulated in the three nations.
England
Summarise a) common law (criminal assault) -briefly discuss battery and common assault? , defining each element; b) statute (Children Act), s58 – created a defence – defining each element.
Summarise any relevant government policy documents.
Identify and explain any leading case law. – Use the most recent leading case law only, not R v Hopley 1860 175 E.R. 1024
Scotland
Summarise a) common law (criminal assault), defining each element; b) statute, defining each element.
Summarise any relevant government policy documents.
Identify and explain any leading case law. = Use the most recent leading case law only
Wales
Summarise a) common law (criminal assault), defining each element; b) statute, defining each element.
Summarise any relevant government policy documents.
Identify and explain any leading case law. Use the most recent leading case law only
For the section above – There is no smacking law in England and there are two new laws in Scotland and Wales respectively. You just need to explain this and describe the recent Scottish and Welsh laws. Have a look at some of the advocacy websites to see how they lay it out if you need a framework.
Comparative commentary
Discuss the similarities and differences between the three nations. Explore in particular the idea of reasonable chastisement. Consider the arguments that reasonable chastisement is now out of date.
Draw closely on: you have to cite these and other academic sources you find
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