This website uses cookies to ensure you have the best experience. Learn more

Offences Against The Person Act, 1861 And Its Reforms

1321 words - 5 pages

Offences Against the Person Act, 1861 and Its Reforms

'It has been suggested by the Law Commission and others that section
18, 20 and 47 of the Offences Against the Person Act 1861 should be
repealed because they are unjust, ineffective, illogical and severely
defective. In addition the offences, as they are defined, are
incomprehensible to juries.'

Explain and comment on these suggestions.

In 1980 it was suggested by the Criminal Law revision Committee that
the area of law concerning the Offences Against the Person Act 1861
should be reformed. Its proposals were incorporated into the draft
code of criminal law prepared by the law Commission. The LC again
considered the matter at the beginning of the 1990's. In 1993 a report
and Criminal Law draft Bill on the issue in question was produced.
Whilst considering the reforms much emphasis was played on the wording
of the Act and its sections. The language used was updated and wording
such as seriously injured was used rather than grievous bodily harm,
whilst enabling the words 'maliciously' and 'wounding' all together.

1993 and 1998 saw the introduction of many significant reforms, which
were proposed in the Law Commission report, as previously mentioned.
The Home Office issued a draft bill based on the law commissions
report and stated the aim of the bill was not to make the law more
lenient or tougher but rather to make it clearer and easier to use.

There were many propositions made by the main were as follows,

'Clause 1, to replace section 18, intentionally causing serious
injury', instead of Grievous Bodily Harm with intent.

'Clause 2, to replace section 20, recklessly causing serious injury'
instead of GBH, in this section the imprisonment period would be
changed from a five year maximum sentence to that of seven years. This
increased maximum sentence would make it the same as a racially
aggravated punishable offence.

'Clause 3, intentionally or recklessly causing injury', to replace
section 47 which is that of Actual Bodily Harm.

However, concerning clause 3 it would be necessary to prove intention
or recklessness in relation to the injury, not merely the fact that an
assault was present.

'Clause 15, makes it clear that injury includes both physical and
mental harm.'

Whilst clause 15 is intended to help make the sections wording clearer
it also proposes that for clause 1, (to replace section 18,
intentionally causing serious injury', instead of Grievous Bodily Harm
with intent.) offences only, harm would include the transmission of
disease (e.g. Aids), though this is likely to prove controversial.

While it is accepted that this Bill would bring much needed clarity
and consistency to this area of law, due to pressure on the
legislation timetable, it is unlikely it is unlikely to be enacted

Find Another Essay On Offences Against the Person Act, 1861 and Its Reforms

Successes and Failures of Sexual Offences Act 2003

1419 words - 6 pages existing statute. It was designed as a regularisation of the law on sexual offences giving a modern and consistent perspective upon the particular offences; one that would allow the courts to proceed on a fairer and less discriminatory basis, both in its prosecution of offenders and it in treatment of victims. Few statutes can have been subjected to the same level of public scrutiny as this Act, emerging from a climate of

The Argument against Secession and its Justification

1044 words - 5 pages When Abraham Lincoln spoke at his inauguration on March 1861, the nation’s mood was grim. It was a frigid day and the sky was grey. Even worse, nobody knew how the newly-elected President, a novice lawyer, would handle the nation’s biggest problem since its inception: Southern secession. The U.S., and its grandeur and resplendence were at stake and were now reduced to nothing more than the preposterous “Disunited States of America

The Stamp Act and its diminishing effect

1182 words - 5 pages How did the Stamp Act lead to the demise of colonial America’s relationship with Britain? This question has long been debated by historians and necessarily so, as the Stamp Act was a stark contrast from the previous period of Britain and colonial America’s relationship. Their relationship had been good if not content and it seemed both sides could do no wrong, as they had both helped each other in their own ways. Then, the Stamp Act was passed

The Secession of the Southern States in 1860 and 1861

867 words - 3 pages could leave the union. Admitting free states, disallowing slavery to expand, and President Lincoln’s election were significant factors that lead to the secession of the southern states in 1860 and 1861. The union faced its first obstacle when the decision to admit states arose. Maine, Missouri and new territories recently gained, known as the Louisiana Territory, each applied for admission into the Union. At the time the south lead the senate in

The Sarbanese-Oxley Act and Its Importance in Business

1261 words - 6 pages Investor Protection Act of 2002. The quick and determined passage of this law greatly related to the unethical business practices of company executives, such as falsifying financial transactions and/or documents. The Sarbanes-Oxley act created several reforms in the business world, such as strict penalties for wrong-doing, and new standards for accountability in corporate auditing and financial reporting. The purpose of this paper is to discuss

The Americans with Disabilities Act and its impact on athletics

1921 words - 8 pages Title I of the Americans with Disabilities Act, which took effect July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.( Americans with Disabilities Act,1990) The Americans with

The Dawes Act and its Effect on Native Americans

1553 words - 7 pages until 1934. On February 8, 1887, the United States Congress decided to pass the Dawes Act also known as the General Allotment Act. The Dawes Act was named after its writer Senator Henry Dawes of Massachusetts. The congressmen who sought to pass and enforce the Dawes Act aimed at pushing the Native Americans into assimilation at a high pace. The reformers of the act also expected Native Americans owning private property to build a foundation on

The Abortion Act of 1969 and Its Impact on Society

1610 words - 7 pages a growing agreement surrounding moral and legal status of abortions. Furthermore, the goal of this essay will examine how the Abortion Act of 1969 has changed over time and its impact on society. To accomplish this, first I will discuss the history of the abortion act focusing on Henery Morgentaler. Second, I will explore the court battles that have helped to legalize abortions, including Tremblay v. Daigle and Roe v. Wade. Finally, I will study

Education of the Handicapped Act and its Impact

848 words - 4 pages In 1975, the Education of the Handicapped Act (PL 94-142) was established; this act gave the right for “all children to a free and appropriate education, regardless of handicapping conditions” (BOOK). However, before this act, children with disabilities did not attend school consequently, in 1986 congress amended PL 94-142 and extended this law to what is known as the Handicapped Infants and Toddlers Act of 1986 (PL 99-457). Before the


5442 words - 22 pages April 3, 2005. The drives were running under Pure Food Ordinance 2005 and the Special Power Act 1974Now the drive against food adulteration is a popular subject amongst all types of people and is getting a lot of media coverage. This drive has exposed rampant adulteration by even the very elite restaurants and fast food shops. All kinds of issues are being raised in which some are very controversial. People are actually questioning the

Land registration act 1925 and its influence

2884 words - 12 pages requirements in the form of will etc... it is better to note here in legal terms the person who makes the will is known as settler if he/she is alive otherwise testator.The land registration act aimed radically to change the way in which persons prove that they own land by establishing a register from which information about ownership of the land and many proprietary interests that affect it can be obtained. All unregistered tittles will at one

Similar Essays

Offences Against The Person Act 1861

2700 words - 11 pages There has been much discussion on the Offences against the person act (OAPA) 1861. Many see the act as outdated and clumsy, its wording unclear and as being difficult to explain and prosecute under. The OAPA is used in 100,000 prosecutions every year. The Law Commission has attacked the OAPA for creating constant legal argument and delay because of unclear wording and wasting thousands of pounds in taxpayer's money

Extended Research Report On ‘Offences Against The Person – Murder And Manslaughter’

1510 words - 7 pages the time of doing the act or making the omission which causes death in such a state of abnormality of mind… the person is guilty of manslaughter only.” • Self-defence (complete defence) – section 271 of the Criminal Code Act 1899 states that: 1) When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for the person to use such force to the assailant as is reasonably necessary to make effectual defence against the

Offences Against The Administration Of Justice

2122 words - 9 pages , gives the Court the means to enforce its power against anyone attempting to breach the values of the Court. The purpose of this paper is to study the part of the Rome Statute which covers the Offences against the administration of justice. We refer to the Rules of Procedure and Evidence alongside with The Statute. The focus of this paper is to analyze the offences against the administration of justice based on draft history, jurisdiction of

Offences Against The Administration Of Justice

1019 words - 5 pages taken this matter correctly into consideration that the administrative measures are not punishments and due to that has applied the term sanction and not punishment or penalty to emphasize it. Conclusion In the present paper the focus was put actually on the main content of the Articles 71 and particularly 70 of the Rome Statute in regard with offences against the administration of justice. The International Criminal Court runs