Division C: Defences and Mitigating Factors Relating to Unlawfulness PART X AUTHORITY 240 Public authority (1) Subject to this section, the fact that a person is authorised or permitted by an enactment to do or omit to do any thing shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. (2) Subject to this section, the fact that a person did or omitted to do any thing as a duly authorised official, employee or agent of the State and in the proper exercise of that authority shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. (3) A person shall not be entitled to rely on the defence referred to in (a) subsection (1), unless his or her conduct was in all respects authorised or permitted by the enactment concerned; (b) subsection (2), unless it was lawful for the State to give the authority concerned. 241 Discipline of children (1) In this section “guardian” means a person, other than a school teacher in his or her capacity as such, who has the lawful custody, charge or care of a minor person, whether permanently or temporarily; “minor”, in relation to a person, means that the person is under the age of eighteen years; “school” includes an educational institution of any kind; “school-teacher” means the head or deputy head of a school. (2) Subject to this section (a) a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward; (b) a school-teacher shall have authority to administer moderate corporal punishment for disciplinary purposes upon any minor male pupil or student; and, where moderate corporal punishment is administered upon a minor person by a parent, guardian or schoolteacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element. (3) Subject to this section, any person who administers moderate corporal punishment upon a minor person under authority delegated to him or her by a parent, guardian or school-teacher shall have a complete defence to a criminal charge alleging the commission of a crime of which the administration of such punishment is an essential element, if it would have been lawful for the parent, guardian or school -teacher to have administered such punishment himself or herself. (4) No school-teacher or person acting under authority delegated to him or her by a school-teacher shall administer corporal punishment upon a female pupil or student. (5) When administering corporal punishment upon a minor male pupil or student at his or her school, a school-teacher shall comply with any lawful rules, regulations or administrative instructions which apply to the administration of corporal punishment at his or her school. (6) In deciding whether or not any corporal punishment administered upon a minor person is moderate for the purposes of this section, a court shall take into account the following factors, in addition to any others that are relevant in the particular case (a) the nature of the punishment and any instrument used to administer it; and (b) the degree of force with which the punishment was administered; and (c) the reason for the administration of the punishment; and (d) the age, physical condition and sex of the minor person upon whom it was administered; and (e) any social attitudes towards the discipline of children which are prevalent in the community among whom the minor person was living when the punishment was administered upon the minor person. 242 Purported corporal punishment of spouses unlawful It shall not be lawful for a person to purport to administer corporal punishment upon his or her spouse, whatever the nature of their marriage and wherever their marriage may have been contracted.