The Offences Against the Person Act 1861 (OAP, 24 & 25 Victoria, Cap. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving Culpability has been lowered so a Mens rea A lesser included offense, in Criminal law, is a crime for which all of the elements necessary to impose Liability are also elements found in a more serious crime Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In Criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project In the Criminal law, consent may be an Excuse and prevent the defendant from incurring Liability for what was done For duress in US law see Duress Duress in English criminal law is a complete common law defence operating in favour of those who commit For the discussion on general principles and policy see Necessity In English law, the defence of necessity recognises that there may In English Criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the For a description of the general principles see Provocation (legal. For the law in other Criminal jurisdictions see Diminished responsibility. The M'Naghten Rules (pronounced and sometimes spelled McNaughton) were the first serious attempt to Codify and rationalise the attitude of the criminal law towards In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious Corporate manslaughter is a Criminal offence in English law, being an act of Homicide committed by a company. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers In English law causing criminal damage was originally a Common law offence. In English law causing criminal damage was originally a Common law offence. The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and Violence. For the law of Tort, see Nuisance In the English Criminal law, public nuisance is a class of Common law offence The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Dishonesty is a word which in common usage may be defined as the act or to act without honesty a lack of probity to cheat lying or being deliberately deceptive lacking in Robbery is the Crime of seizing Property through Violence or Intimidation. A TWOC can also be a medical procedure - a trial without Catheter TWOC is an Acronym standing for Taking Without Owner's Consent. In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the In English Criminal law, handling takes place after the Theft is completed and is committed by a fence or other person who helps the thief to realise The Theft Act 1978 supplemented the earlier Deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. The Fraud Act 2006 (2006 c35 is an Act of Parliament in the United Kingdom, affecting England and Wales and Northern Ireland. Computer crime, Cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a Computer Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e This is a list of Acts of Parliament of the English Parliament during that body's existence prior to the Act of Union of 1707 This is a list of Acts of Parliament of the English Parliament during that body's existence prior to the Act of Union of 1707 This is a list of Ordinances and Acts of the Parliament of England from 1642 to 1660, during the English Civil War and the Interregnum. 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An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom from 1 January 1801 until 12 April 1927 Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Although it has been substantially amended, it continues to be the foundation for prosecuting all levels of physical assault in the courts of England and Wales. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception A different subset of its provisions remains in force in the Republic of Ireland. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe.
Commentary
Therefore, for example, it would have been possible to bring all the provisions on assault together and to structure a rational sequence of offences to range from the most trivial injuries to those causing death. Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, In fact, common assault was prohibited by (although not defined in) section 42, and the most serious grievous bodily harm was defined in section 18. In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 Further, whereas it would have been possible to write a single actus reus which criminalised the acts and omissions causing injury, the Act listed specific methods whereby the harm might be caused. Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability In some cases, these reflected political issues of then great significance. For example, the Fenians were promoting their political case by leaving barrels of explosives in public places. Fianna Éireann The Fenians, both the Fenian Brotherhood and Irish Republican Brotherhood, were fraternal organisations dedicated to the establishment of an independent Hence, sections 28 to 30 and 64 specifically address the problem of the resulting injuries. Similarly, children were throwing stones at passing railway trains.
The majority of the original provisions contained in the Act have now been replaced.
Schedule of offences
The following schedule will explain the current position:
- Sections 1 to 3 dealt with the death penalty for murder and have been repealed. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment.
- Section 4: Soliciting to commit murder. In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to This section formerly used to include conspiracy to murder, but Conspiracy is now consolidated into the Criminal Law Act 1977. In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act
- Section 5: Sets the maximum sentence for manslaughter as life imprisonment. Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most See also the Criminal Justice Act 2003 for further provisions about sentencing for manslaughter and for offences under sections 16 to 47 of this Act. The Criminal Justice Act 2003 (2003 c44 is a wide ranging Act of Parliament introduced to modernise many areas of the Criminal justice system in England
- Sections 9 and 10: Murder or manslaughter abroad. At the height of the British Empire, when questions of sovereignty were routinely discussed, the issue of extraterritorial jurisdiction was of considerable significance. The British Empire was the largest empire in history and for over a century was the foremost global power. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself The civil jurisdiction for conflict of laws cases were under development to match the movement of people from one state to another, and the British criminal courts were claiming parallel jurisdiction if the alleged murderer was a British subject. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving The term State has several meanings in law in Private international law and Conflict of laws, State can refer to a well-defined jurisdiction with its own set There is now general criminal jurisdiction for any offence if the consequences of the crime are felt within the territorial boundaries, or a part of the actus reus of the offence is committed within the jurisdiction. Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved This is an expansion of the section 10 provision, now termed initiatory or subjective jurisdiction where the offence is begun within the jurisdiction, and terminatory or objective jurisdiction for crimes completed within the jurisdiction:
- "9. Where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, . . . may be dealt with, inquired of, tried, determined, and punished . . . in . . . The United Kingdom Provided, that nothing herein contained shall prevent any person from being tried in any place out of . . . Ireland for any murder or manslaughter committed out of the United Kingdom in the same manner as such person might have been tried before the passing of this Act. "
- "10. Where any person being [criminally] stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England or Ireland, shall die of such stroke, poisoning, or hurt in England or Ireland, or, being [criminally] stricken, poisoned, or otherwise hurt in any place in England or Ireland, shall die of such stroke, poisoning, or hurt upon the sea, or at any place out of England or Ireland, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, may be tried. . . in England. "
- Section 16: Threats to kill, whether premeditated or said in anger, remains an offence where the defendant intends the victim to fear it will be carried out. (Section 4 of the Public Order Act 1986 deals with other threats of violence). The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and Violence. Although the normal maximum sentence is ten years, offenders deemed to present a "significant risk" of "serious harm" to the public can now receive a life sentence under the Criminal Justice Act 2003. The Criminal Justice Act 2003 (2003 c44 is a wide ranging Act of Parliament introduced to modernise many areas of the Criminal justice system in England
- Section 17: Impeding a person endeavouring to save himself or another from shipwreck. Shipping was the lifeblood of the Empire and so specific offences to protect seamen were common. It is still in force.
- Section 18: Wounding or causing "grievous bodily harm," with intent to cause grievous bodily harm, or to resist arrest. Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 ("Grievous bodily harm" can in fact include psychological harm. ) It is punishable with life imprisonment.
- "18. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person . . . with intent . . . to do some . . . grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . . "
- Section 20: Inflicting bodily injury, with or without weapon. This is much less serious than an offence contrary to section 18, carrying a maximum prison sentence of 5 years.
- 20. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and, being convicted thereof shall be liable . . . to be kept in penal servitude . . . .
- Sections 21 and 22: Attempting to choke, &c. , in order to commit or assist in the committing of any indictable offence. Certain forms of attack have always been viewed with particular horror and the use of strangulation or drugs to render someone unconscious with a view to committing a crime require special treatment. Contemporary crime including date rape following the use of hypnotic drugs such as Flunitrazepam show that little has changed save that where the intended offence is of a sexual nature, separate legislation applies (see Sexual Offences Act 2003). See also Types of rape The term "date rape" refers to the non-consensual Sexual activity between people who are known to each other either platonically Flunitrazepam (ˌfluːnaɪˈtræzəpæm is a highly potent Hypnotic drug with powerful Sedative, Anxiolytic, Amnestic, and Skeletal The Sexual Offences Act 2003 is an Act of Parliament in the United Kingdom that was passed in 2003 and became law on 1 May 2004
- Sections 23 and 24 cover the insidious forms of attack based on administering poisons or other dangerous chemicals and substances intending to injure another. Although rarely used today, the offences remain available should the specific circumstances arise, e. g. sending a package containing a dangerous substance to an embassy.
- Section 26 deals with the problem of neglect by an employer who failed to provide adequate food, clothing and accommodation for staff and servants. Still in force, it is punishable with five years' imprisonment.
- Section 27 creates an offence for those who abandon babies. Although still in force it is in practice obsolete, as it has been superseded by the offence of child cruelty under section 1 of the Children and Young Persons Act 1933. The Children and Young Persons Act 1932 broadened the powers of juvenile courts and introduced supervision orders for children at risk
- Sections 28, 29, 30, 64 and 65 created a range of criminal offences supplementing the Explosive Substances Act 1883 and the Explosives Act 1875. The Explosive Substances Act 1883 is a law passed by the United Kingdom Parliament. These remain in force, although the Criminal Damage Act 1971 covers all aspects of the resulting damage to property and the Terrorism Act 2000 deals with possession for terrorist purposes. In English law causing criminal damage was originally a Common law offence. The Terrorism Act 2000 is a current United Kingdom Act of Parliament, described as "an Act to make provision about Terrorism; and to make temporary
- Section 31 addresses the problem of those who wish to protect their property with hidden traps.
- Sections 32 to 34 protect the railways from those who place obstructions on the line, throw stones at the passing trains, and generally endanger the passengers.
- Section 35: The offence of "wanton and furious driving. " In practice this has largely been superseded by the offence of dangerous driving under the Road Traffic Act 1988.
- Section 36: Specific protection for clergymen carrying out their public duties.
- Section 37: Assault on any person authorized to preserve any shipwrecked vessel or goods. Penalty is seven years.
- Section 38: Assault with intent to resist arrest. (There is also a lesser offence of assault on a constable in the execution of his/her duty under section 89(1) of the Police Act 1996. )
- Section 39 (repealed): The trade in grain and other staples no longer requires specific protection.
- Section 40 (repealed): It is no longer considered necessary to have a specific offence to protect seamen while carrying out their duties.
- Section 42 (repealed): Common assault is now in section 39 of the Criminal Justice Act 1988.
- Section 43 (repealed): Was the aggravated form of assault on children and women.
- Section 47: Assault occasioning actual bodily harm. Still in force:
- "47. Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable . . . to be kept in penal servitude . . . ; and whosoever shall be convicted upon an indictment for a common assault shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding one year. . . "
- Section 48 (repealed): Rape: now in section 1 of the Sexual Offences Act 2003. The Sexual Offences Act 2003 is an Act of Parliament in the United Kingdom that was passed in 2003 and became law on 1 May 2004
- Section 52 (repealed): Indecent assault upon a female: now various offences under the Sexual Offences Act 2003.
- Section 53 (repealed): Forcible abduction of any woman with intent to marry or carnally know her. This would be charged as the common law offences of kidnapping and false imprisonment, or rape, and/or human trafficking under the Sexual Offences Act 2003.
- Section 55 (repealed): Abduction of a girl under sixteen years of age (see now Sexual Offences Act 1956).
- Section 56 (repealed): Child abduction.
- Section 57: Bigamy
- "Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years; Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and
- Nothing herein contained to extend to second marriages in the cases herein mentioned. "
- Section 58: Abortion by unlawfully administering any poison or noxious thing is an offence (see also the Infant Life Preservation Act 1929), but section 1(1) of the Abortion Act 1967 permits a medical termination of a pregnancy:
- "when a pregnancy is terminated by a registered medical practitioner if two registered practitioners are of the opinion, formed in good faith. An The Abortion Act 1967 is an Act of the Parliament of the United Kingdom to regulate Abortion by registered practitioners and the free provision of . . " that one of four sets of circumstances apply, notably s. 1(1)(d): ". . . that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped. "
- Section 59 prohibits supplying or procuring poison or instruments for the purpose of criminal abortion.
- Section 60: Concealing the birth of a child.
- "60. If any woman shall be delivered of a child, every person who shall, by any secret disposition of the dead body of the said child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years. . . "
- Sections 61 and 62 (repealed) dealt with buggery and bestiality. The English term Buggery is very close in meaning to the term Sodomy, and is often used interchangeably in law and popular speech Zoophilia, from the Greek ζῷον ( zṓion, "animal" and φιλία ( philia, "friendship" or "love" is a Paraphilia The Act abolished the death penalty for buggery. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Buggery between heterosexuals ceased to be an offence in 1994. The age of consent to homosexual buggery and to certain other homosexual acts was reduced by the Sexual Offences (Amendment) Act 2000 from 18 to 16 years in England and Wales. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Almost all sexual offences are today contained in the Sexual Offences Act 2003. The Sexual Offences Act 2003 is an Act of Parliament in the United Kingdom that was passed in 2003 and became law on 1 May 2004
- Section 63 (repealed): The definition of "carnal knowledge" is no longer required.
External links
- David Swarbrick: Offences against the Person Act 1861 partial text of the original act
- Circumcision Reference Library: Offences against the Person Act 1861 amended text as at 18 April 2006; with notes as to which Acts repealed the sections no longer in force
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