Introduction/Evaluation Flashcards
What does the Offence against the Person Act 1861 define?
ABH
GBH
GBH with intent
List the order of non-fatal offences…
Assault Battery ABH GBH Causing GBH or wounding with intent
What piece of legislation are most non-fatal offences defined under?
Offences against the Persons Act 1861
Why do the police bring a case to the Crown Prosecution Service?
To decide is there is a charge/prosecution
Briefly, what are the evaluation points?
Act is outdated No statutory definitions Sentence structure is chaotic S18 is very complex Problems with mental health elements
Explain the evaluation point of the act being outdated…
The offences against a person act was passed in 1861, the language is outdated and confusing for a jury. It needs modernising and simplifying.
Explain the no statutory definitions evaluation point…
There are no statutory definitions of assault, battery, wound and grievous harm which can make it difficult to distinguish which category an injury/crime truly falls into
Explain the problems with mental health elements evaluation point…
It is out of date in understanding mental health, it only covers bodily harm, not psychological harm.
However, case law has begun to plug this gap e.g chan-fool
Explain sentence structure benign chaotic evaluation point…
A defendant may be sentenced to 6 months imprisonment for common assault or batter but 5 years for ABH even though the mens era is identical. S20 is meant to be more serious that S47 but they hold the same maximum sentence.
This all seems very illogical.
Briefly, what are the evaluation points?
Act is outdated No statutory definitions Sentence structure is chaotic S18 is very complex Problems with mental health elements
Explain the evaluation point of the act being outdated…
The offences against a person act was passed in 1861, the language is outdated and confusing for a jury. It needs modernising and simplifying.
Explain the no statutory definitions evaluation point…
There are no statutory definitions of assault, battery, wound and grievous harm which can make it difficult to distinguish which category an injury/crime truly falls into
Explain the problems with mental health elements evaluation point…
It is out of date in understanding mental health, it only covers bodily harm, not psychological harm.
However, case law has begun to plug this gap e.g chan-fool
Explain sentence structure benign chaotic evaluation point…
A defendant may be sentenced to 6 months imprisonment for common assault or batter but 5 years for ABH even though the mens era is identical. S20 is meant to be more serious that S47 but they hold the same maximum sentence.
This all seems very illogical.
How was reform been suggested?
The draft of offences against the persons bill 1998
