Law Commission report 2015

Question 1

What draft bill does the Law Commission report 2015 suggest the law should follow?

Answer 1

The 1998 draft bill

Question 2

How does Law Commission report relate to non-fatal offences against the person?

Answer 2

It suggests replacing current law with a modern statute

Question 3

How many clauses are in the 1998 draft bill?

Answer 3

4

Question 4

What is Clause 1 of the 1998 draft bill?

Answer 4

Intentional serious injury.

Question 5

What is Clause 2 of the 1998 draft bill?

Answer 5

Reckless serious injury.

Question 6

What is Clause 3 of the 1998 draft bill?

Answer 6

Intentional or reckless injury.

Question 7

What is Clause 4 of the 1998 draft bill?

Answer 7

Assault (including the old definition of common law assault and battery)

Question 8

What is aggravated assault?

Answer 8

Covering injuries such as superficial cuts, scratches and minor bruising.

Question 9

What is the purpose of the recommendation of ‘aggravated assault’?

Answer 9

To replace the need for ABH as the offence of ABH will result in a max 5 year sentence for just minor injuries.

Question 10

The Law Commission 2015 report suggests changes to the sentence for assault.

What is the current max sentence and what is the proposed?

Answer 10

Current: 6 months

Proposed: 12 months

Question 11

What are the Law Commission 2015 report proposals for ‘physical assault’ looking to replace?

Answer 11

Common law battery

Question 12

What is the proposed max sentence of ‘physical assault’?

Answer 12

6 months (same as common law battery)

Question 13

What are the reforms recommended by the Law Commission 2015 report?

6 headings

Answer 13

1) Clauses from the 1998 draft bill
2) Aggravated assault-to replace ABH (minor bruising etc)
3) Physical assault-as a pose to battery
4) Threatened assault-as a pose to assault
5) causing serious harm to resist arrest-as a pose to recklessness
6) assault intending to resist arrest