I therefore wonder about the balance of harm when mild chastisement, which is being exercised in a loving context, unfortunately results—perhaps without any deliberate desire on the part of our legislators—in a criminal conviction.viiiOfficial Report, 15 March, col. 15
Mhairi McMillan, Law Society of Scotland, explained how the courts currently deal with cases of assault—
For a prosecution, there needs to be evidence of the intention to harm, which is looked at in various ways…ultimately, a prosecutorial decision will be made on whether it is in the public interest to prosecute.Official Report, 21 March, col. 26
She added “There is a good understanding of what assault is and what it means.”Official Report, 21 March, col. 26
We explored in correspondence with the Crown Office and Procurator Fiscal whether a presumption against prosecution of parents should be written into the Bill.