Offences Against the Person Act 1861

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 Many see the act as outdated and clumsy, its wording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 in appeals. Both the Law Commission and the

Government have looked at possible reforms for the act in order to

improve its position in English Law. The 1861 Act is widely criticised

for being archaic and unclear, it is in urgent need of reform. It is

hoped that after the change have been made that the statute will be

able to be used more effectively and efficiently.

The criticisms of the OAPA have been around for several years. Many

lawyers and judges have expressed difficulties in using the act and

there have been Law Commissions set up to look into the act itself.

Jack Straw has described the act as "out-moded and unclear Victorian

legislation"[1] The wording used in the act is now frequently used in

everyday language which has led to differences in meaning and problems

in interpreting the statute. Words such as Grievous Bodily Harm and

Actual Bodily Harm are widely used, however this does not mean that

the offences are easily understood or effective in dealing with

violent behaviour. Some lawyers have even argued that the state of the

OAPA leads to unnecessary and expensive appeals because of the

decisions on questions of law.

Criticism is made often on the way in which the offences themselves

are worded. Th...

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...ing the

police to explain and charge offences which are more widely

understood. It is also hoped that the task of judges, magistrates and

juries will become more straightforward in the administration of

justice.

Bibliography

Violence: Reforming the Offences Against the Person Act 1861,

published 1998. www.homeoffice.gov.uk/docs/vroapa.html

Law for AQA, Catherine Elliot and Francis Quinn, Longman 2001

Update of assault law may include AIDS and stalking, Francis Gibb

15.9.97

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[1] Jack Straw; Violence: Reforming the Offences Against the Person

Act 1861 (pub. 1998) www.homeoffice.gov.uk/docs/vroapa.html

[2] Jack Straw; Violence: Reforming the Offences Against the Person

Act 1861 (pub 1998) www.homeoffice.gov.uk/docs/vroapa.html