Section 293 Corporal punishment.I1

England and Wales

(1)

Section 47 of the M1Education (No. 2) Act 1986 (corporal punishment) is amended as follows.

(2)

In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ” and after that subsection there is inserted—

“(1A)
Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
(1B)
In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.”

(3)

In subsection (5)—

(a)

for the words preceding paragraph (a) there is substituted “Subsection (1) above applies to a pupil”, and

(b)

for “but” there is substituted “ and in this section “pupil” .

Annotations

Marginal citations

M1: 1986 c. 61.

Commencement

I1: S. 293 wholly in force at 1.10.1993 see s. 308(3) and S.I. 1993/1975, art. 9, Sch. 1

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)