Use of the defence
Following the introduction of the Bill in September 2018, the Scottish Government responded to a Freedom of Information request on the physical punishment of children which asked—
how many arrests, prosecutions and convictions have taken place in Scotland specifically in connection with section 51 of the Criminal Justice (Scotland) Act 2003 since it was introduced and what the Government’s prediction of this was when this legislation was being considered.Official Report, 21 March, col. 34
The response refers to the Criminal Justice (Scotland) Bill and notes that the Explanatory Notes to the Bill said, “It is not expected that changes to the law on physical punishment of children will lead to substantial increases in numbers of prosecutions and convictions for assaulting children.”iiExplanatory Notes, paragraph 403
The Scottish Government wrote it did not hold this information because “Section 51 of the Criminal Justice (Scotland) Act 2003 did not create a specific new offence.