Evaluation of non-fatal offences. Flashcards
What did the Law Commission say in 1993 about the OAPA (1861)?
It was “inefficient as a vehicle for controlling violence.”
What was the role of the OAPA when it was introduced?
Merely served to bring together and tidy up existing statute and case law.
What was the OAPA not designed to be?
A logical and consistent set of rules applying to non-fatal offences in the round (in complete detail).
What is evidence that the OAPA was not meant to be a logical and consistent set of rules applying to non-fatal offences in complete detail?
The main non-fatal offences are not dealt with in series but rather occur randomly through the Act in sections. 47, 20 and 18.
What is the problem with assault and battery coming from common law?
It can be criticised for not coming from a statute.
It can be also criticised for its use of old-fashioned language.
What should be done about assault and battery coming from common law?
They should be put on a surer, statutory footing.
Parliament should pass a law setting out these offences instead of relying on common law and an Act of Parliament from the 19th century.
