The Offences Against the Person Act 1861 is a Victorian criminal statute that remains an important part of the law of violence in England and Wales. It consolidated earlier offences against the person and still contains several core offences, including threats to kill, wounding, grievous bodily harm, assault with intent to resist arrest, and assault occasioning actual bodily harm.
The Act has been heavily amended and partly repealed. It should not be read as a complete modern code of violent crime.
Background
The Act was passed in 1861 as part of a group of consolidation statutes. Its language is old and sometimes difficult, but many of its offences still form the basis of modern charging decisions.
Common assault and battery are no longer charged under the 1861 Act in England and Wales. They are dealt with under section 39 of the Criminal Justice Act 1988. More serious assaults are still often charged under the 1861 Act.
Main Current Offences
Important offences under the Act include:
- Section 16: threats to kill.
- Section 18: wounding or causing grievous bodily harm with intent.
- Section 20: unlawful wounding or inflicting grievous bodily harm.
- Sections 23 and 24: administering poison or noxious substances.
- Section 38: assault with intent to resist arrest.
- Section 47: assault occasioning actual bodily harm.
Other provisions remain in force but are less commonly encountered.
Section 18
Section 18 is one of the most serious non-fatal violence offences. It covers wounding or causing grievous bodily harm with specific intent. The relevant intent may be intent to do grievous bodily harm, or intent connected with resisting or preventing lawful apprehension in the circumstances covered by the section.
Because of the intent requirement, section 18 is treated much more seriously than section 20.
Section 20
Section 20 covers unlawful and malicious wounding or inflicting grievous bodily harm. Grievous bodily harm means really serious harm. Wounding requires a break in the continuity of the whole skin.
For section 20, the prosecution must prove that the defendant intended or foresaw some physical harm, but not necessarily serious harm.
Section 47
Section 47 creates assault occasioning actual bodily harm. ABH is harm that is more than transient or trifling, but below grievous bodily harm.
ABH is an either-way offence and carries a maximum sentence of five years' custody in the Crown Court.
Section 38
Section 38 creates assault with intent to resist arrest. The offence can apply where a person assaults another with intent to resist or prevent lawful apprehension or detention of themselves or another person.
It is not limited to assaults on police officers. CPS guidance gives the example of store detectives attempting to apprehend or detain an offender.
Reform Debate
The Act has long been criticised for old language and uneven structure. Lawyers, judges, academics, and law reform bodies have repeatedly argued that non-fatal offences against the person should be modernised. Despite that criticism, the Act remains central to charging and sentencing in violent-crime cases.
Practical Examples
ABH
A punch that breaks a tooth may be charged under section 47 if the injury is more than transient or trifling but not grievous bodily harm.
Section 20
A slash causing a wound may fall under section 20 where there is unlawful wounding and the required mental element, but no proof of section 18 intent.
Section 18
A deliberate attack with a weapon aimed at causing really serious injury may support section 18 if the prosecution can prove the specific intent.
Resisting Apprehension
A person assaults a shop worker or store detective who is lawfully detaining them after a theft. Section 38 may be considered if the assault was intended to resist or prevent lawful apprehension or detention.
See Also
- Assault occasioning Actual Bodily Harm
- Assault with Intent to Resist Arrest
- Self-defence in English law
- Criminal Justice Act 1988
- Offensive weapon
References
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