Evaluation of Non-Fatal offences

There are four distinctive sections to an essay to answer this type of question:

• Language
• Structure
• Effectiveness
• Reform

The language in the act can be put down to several specific words. Not all of these can go into the essay in the time allowed:

• Grievious - contextual meaning
• Malicious - to a lay person means evil but doesn't in law
• Assault
• Battery
• Bodily Harm
• Inflict 
• Cause

There are a number of structural issues with the OAPA 1861 which are cause for concern:

• Original purpose - consolidating legislation
• Definitions - for many terms are missing
• Interpretations - are in some cases extensive (especially regarding MR)
• ABH / GBH - no clear distinctions and have similar punishments (s47 & s20)
• GBH s20 / s18 - no clear distinctions with massive differences in punishment
• Wounding - an oblique term and doesn't have its own section

When laws become outdated they become less effective at what they originally set out to do:

• The OAPA is over 150 years old and thus does not reflect modern needs of society
• Technological advances - assault over social media or via text message wouldn't be considered in 1861
• Psychological harm - is know more widely known about and can be ABH (R v Ireland)

In 1993 the Law commission suggested some changes which were published by the Home Office in 1998 entitled: Violence - Reforming the Offences Against the Person Act 1861 which included a draft bill which suggested the following changes:

• Assault and battery to be added to statutory law
• s47 reformed to 'recklessley or inentionally causing injury to another
• s20 would be recklessly causing serious injury to another with a max sentence of 7 years
• s18 would be intentionally causing serious injury to anotehr with a maximum sentence of life
• Wounding to be removed as well as 'cause' and 'inflict' difficulties.