Offences Against the Person Act, 1861 and Its Reforms

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repealed because they are unjust, ineffective, illogical and severely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...

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...n these levels of injury would be based on

motivation and outcome, to replace the existing range of statutory and

common law offences.

In putting this Bill into place it is making the law more accessible

and therefore helping criminal cases such as those mentioned being

dealt with much more easily and at the same time enabling the citizens

to understand the criminal offences more easily - this would also work

for the police in a similar way in that it enables the police to

explain and charge offences that are more readily understood. It

should also make the task for judges, magistrates and juries more

straightforward in the day-to-day administration of justice for the

victims and their communities. It is hoped that these proposals will

improve the English and Welsh justice system to a higher standard and

quality.