Law Reform (Miscellaneous Provisions) (NI) Order 2006
This Order was made at Westminster on 19th July 2006. The main aim of the Order was to bring the law in Northern Ireland back into line with the European Convention on Human Rights, following the adverse decisions of the European Court of Human Rights in A v UK [1998] (physical punishment of children in the home) and B and L v UK [2005] (restrictions on in-laws marrying).
Article 2 of the Order precludes the use of the defence of reasonable chastisement -
- on serious criminal charges, such as wounding, greivous bodily harm, assault occasioning actual bodily harm and cruelty to children; or
- on a civil claim for damages where the harm
alleged amounted to actual bodily harm.
Essentially, this means that the defence will only be availble on a summary charge of common assault.
The Order also removes the existing prohibitions on parents-in-law marrying their former children-in-law and repeals redundant provisions relating to marriage and civil partnership which have been superseded by subsequent developments.
This Order came into effect on 20th September 2006.
