Parents left baffled over smacking law

New laws on smacking children are already confusing parents, only one day after being announced.

They were left baffled over whether they could face court for using slaps to discipline their children.

Ministers insist they will not be prosecuted for giving "mild" smacks. But critics warn that the wording of the laws could leave parents vulnerable to over-zealous prosecutors.

Serious questions about the legislation emerged today after MPs voted to introduce curbs. In a major victory for parents, the House of Commons yesterday rejected calls for a total ban on all smacking.

However, they backed an amendment limiting the type of smacks which can be defended in court. Parents will no longer be able to use the key defence of "reasonable chastisement" for smacks which cause "actual or grievous bodily harm".

The move means parents who administer blows which leave marks or bruises on a child's skin now have little or no defence in court.

Crucially, parents who administer smacks which do not cause any visible harm will still be able to use the reasonable chastisement defence.

But police and legal experts fear the complex definitions could mean some parents are treated unfairly. Terry Grange, child protection spokesman for the Association of Chief Police Officers, said: "Some children redden or bruise much more easily than others. Such randomness could lead to much more complexity."

Critics also point out that reddening or bruising can be seen much more easily on the skin of white children than on black children.

Today the Government tried to play down fears of unfair prosecutions. A spokesman for the Department for Education and Skills, overseeing the legislation, said parents will only face prosecution if they cause "actual bodily harm": "Parents will still be able to use the reasonable chastisement defence for mild smacks," he said.

But child protection organisations fear the new laws could be worse than current legislation. Mary Marsh, chief executive of the NSPCC, said: "Bad reform is worse than no reform, and that is what these proposals amount to.

"Violence to children is still legally acceptable as long as you are careful not to leave a mark."