Page 47 - Mini-Module 9
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Detention is a common form of punishment but must be exercised
carefully to avoid false imprisonment. Even if a teacher is in loco
parentis the detention must be reasonable and moderate. In one UK
case the whole class was detained when only one unidentified pupil
had done something wrong was held to be unlawful. It is always best to
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have parental consent before imposing any detention .
Confiscation of property must also be moderate and reasonable,
ensuring the owner is not permanently deprived of the property. A
dishonest appropriation of property belonging to another with the
intention to permanently deprive the other of it may be theft. In
considering the context of any confiscation, consider:
● the value of the article
● involving parents at an early date – define what can and cannot
be brought to school and preferably obtain consent to
confiscation.
● Setting aside a safe area where the article will be kept.
● How long the confiscation will last.
Some articles may have to be handed over to the police e.g. dangerous
drugs, ammunition (including pen knives), and pedophile pornography.
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