evaluation of oapa Flashcards
what are the 4 key evaluation points
out of date legislation
inconsistencies between offences
correspondence principle
need for modern simplified language
what are strengths of the old legislation
laws have been recognised over many years which makes people follow them
phrases require logic and interpretation which can be done due to old case law
what are disadvantages of the old legislation
written in 1861 which lacks psychiatric illness
lacks other knowledge/explanations
what are disadvantages of inconsistencies between offences
maximum sentences for offences have inconsistencies
assault and abh have the same mens rea
what are disadvantages of correspondence principle
breach of s20/47 to be found guilty without intent
what are weaknesses of the archaic language
lacks key definitions and confuses lay people
what are ideas for reform
clearer/modern language
new offence between assault and abh
extend punishment for rape threats
define key words eg.injury,recklessness,intention
