In terms of physical punishment or chastisement of children there are no hard and fast guidelines in this county. Unlike other European countries where all smacking of children is banned, physical punishment of children is allowed so long as it is moderate and reasonable . Perceptions of what is moderate and reasonable have changed and are subjective. The adult s view of this is probably different from the child s. Corporal punishment is prohibited by law in all state schools, residential homes and foster placements.
Parents have a legal responsibility to ensure that their child receives an education .
Children under the age of ten years are entirely exempt from criminal responsibility. This is a common law rule stated as a presumption that the child is doli incapax . The result here may be that a party who instigated the child to commit the criminal act is the principle and not the secondary party. Children over nine years and under fourteen years are exempt from criminal responsibility unless the prosecution can prove not only the mens rea and actus reus of the offence but also a mischievous discretion , ie proof that the child could distinguish between right and wrong at the time of the offence. The child s behaviour before and after the offence may be sufficient to show this.