Offences against the person act 1861 essay

The maximum fine for this offence was increased by section 60 2 of the Summary Jurisdiction and Criminal Justice Act Northern Ireland c. Section 23 2 of that Act provides that any reference to this section in section 46 of the Summary Jurisdiction Act Northern Irelandor in any other enactment, is to be construed as a reference to this section as amended by that Act.

In England and Wales, this section was repealed and replaced by section 1 1 of the Sexual Offences Act Strengthening the demand for updated legislation to cover new circumstances.

Need for reform essay for The Offence Against A Person Act [1861] -- 3

Provided, that no person who shall be punished for any such offence by reason of this section shall be punished for the same offence by virtue of any other law whatsoever. In Northern Ireland, this section provides that a person who is convicted on indictment of common assault is liable to imprisonment for a term not exceeding two years.

The purpose of the reforms was to replace outdated offences with a logical and consistent set of new offences.

Non-fatal Offences Against the Person Essay Sample

Rape, abduction and defilement of women[ edit ] Section 48 — Rape[ edit ] This section provided that a person guilty of rape was liable to be kept in penal servitude for life or for any term not less than three years or to be imprisoned with or without hard labour for any term not exceeding two years.

The effect of this section, in relation to conspiracy to commit murder abroad, was preserved by section 1 4 of that Act. Both offences require the same mens rea but a S20 offence causes a much more serious injury. Section 26 — Neglecting or causing bodily harm to servants This section deals with the problem of neglect by an employer who failed to provide adequate food, clothing and accommodation for staff and servants.

The Offences Against the Person Act was initially set up to discipline those who commit assault and acts of violence against others. They were replaced by sections 3 and 4 of that Act also replaced which had a broader scope.

The first was that in there were 83, court cases involving non-fatal offences and it was therefore necessary that the law governing such behaviour should be clear, well understood and full-bodied. Sections 9 and Section 55 — Abduction of a girl under 16[ edit ] In England and Wales, this section was repealed and replaced by section 20 of the Sexual Offences Act Section 39 — Assaults with intent to obstruct the sale of grain, or its free passage[ edit ] Immediately before its repeal, in England and Wales, this section read: The OAPA is yrs old which causes problems.

bits of law

Causing danger on railways 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.

Assaults[ edit ] Inthe Law Commission recommended that sections 36 and 37 and 39 and 40 be repealed. The mens rea is the same for these offences.

Bodily harm[ edit ] In the Republic of Ireland, sections 16 to 26 and 28 to 34 of this Act were repealed by section 31 of, and the Schedule to, the Non-Fatal Offences against the Person Act Section 17 — Impeding a person endeavouring to save himself or another from shipwreck Shipping was the lifeblood of the Empire, thus, specific offences to protect seamen were common.

In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences by the Sexual Offences Northern Ireland Order The Offences Against the Person Act consolidated the Act of the same name and later statutes all together.

So, at the time it put everything in one place and was fairly tidy.

However, nowadays it is not only an old piece of legislation but also difficult to understand. The Offences against the Person Act (24 & 25 Vict c ) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland.

It consolidated provisions related to offences against the person (an expression, which, in particular, includes offences of violence).

Offences Against the Person Act 1861

Offences against the person act The scenario in question is focusing on the Offences Against the person Act (OAPA) as well as the area of consent.

There are a variety of offences which may have been undertaken these will be considered throughout. The Offences Against the Person Act (OAPA ) has been heavily criticised. When it was written it aimed to bring together common law into a statute and was never written as a logical and consistent set of rules.

Past Exam papers and Model Answers - Offences Against the Person

Offences Against the Person Act The Offences Against the Person Act (the ‘Act’) was one of a number of pieces of legislation in the same year to consolidate numerous areas of law into single pieces of legislation.

(b) Reform of the law on non-fatal offences against the person has been proposed on a number of occasions. Explain why reform is said to be necessary, and consider any proposals for reform.

The Offences Against the Person Act was initially set up to discipline those who commit assault and acts of violence against others.

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Offences against the person act 1861 essay
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