Well, a review was undertaken by the Government back in 2007 that stated that retaining the law in its current form—that that would be the best thing to do because there's no evidence that it's not working satisfactorily. You are suggesting perhaps towards the end of your answer that there could be some change that's happened since 2007.
I think the law should reflect contemporary society and the law is evolutionary in nature, and should be evolutionary in nature. And just as if we go back 50 years there are types of behaviour that we might all have contemplated back then as being socially acceptable, many of those types of behaviour are not now, and the law has changed to reflect that. We don't need to go back a very long way to find, for example, that there was no such offence as raping one's married wife, and the law has changed to reflect the fact that that is simply not acceptable. And from what I've seen of the research, and I think back to the 2007 review, to which you've just referred, there is evidence within that review already that opinions are changing. And I've seen research more current than that that suggests that young people find it less acceptable to use reasonable punishment in chastising a child than do people of an older generation. Of course, as we move forward in time, the people who are young now are going to be the older adults of the future. So one would hope that the law will change to reflect the way in which people behave within society.
Okay, thank you. We have heard evidence as a committee that this proposed law would provide a much clearer legal framework—that is, to take out this reasonable punishment defence, that then would make things much clearer for parents and professionals. Does the CPS have a view on that?
I think it will make things clearer. I'm not sure it will make them much clearer, because if we get into some of the—. It may be helpful to look at some examples at some stage. And when it comes to prosecuting, it's often the case that things aren't just black and white; there are multiple shades of grey in between. We know that the Children Act did introduce a degree of clarity, in that it removed the defence of reasonable chastisement for offences of causing actual bodily harm, causing grievous bodily harm, causing grievous bodily harm with intent, and various incidents of child cruelty under the Children and Young Persons Act. In that sense, matters were clarified, because up until that point it was not entirely clear. There were a series of Court of Appeal cases that sought to clarify the law, but that was at a time, at the end of the 1990s, the start of the 2000s, when we had the European convention on human rights and we had a quickly developing body of case law. And the Children Act was brought in to reflect the direction that the case law was moving in. A decision was clearly made back then in the early 2000s not to include common assault in the same category as actual bodily harm, grievous bodily harm et cetera. So, there was a decision made back then that it was appropriate to do that. As we wind forward some 15 years, I have seen the research that suggests that some people see that the present legislation, and the way in which section 58 applies to reasonable chastisement for common assault of children—some people have interpreted that as saying that smacking is acceptable. I don't think that it is what it says, but there is a degree of confusion around that. And the reason why I say it's not as simple as that is, going back to my words a couple of minutes ago, it's rarely a case of being black and white; there are these degrees of grey. And removing that defence does make life clearer.