Non-Fatal Offences Against The Person pt.3: Lesson 12

Question 1

Why does the Law on Assault need reform?

Answer 1

• Out of date
• Inconsistencies between offences
• Need for modern simplified language

Question 2

What are the suggested reforms in the 1998 draft bill?

Answer 2

introduced 4 main offences to replace sections 18,20 & 47
- Intentional serious injury = s.18
- Recklessness serious injury = s.20
- Intention or reckless injury = s.47
- Assault = covers physical force & fear of imminent force

Question 3

What are the suggested reforms in the 2015 Law Commissioners report ?

Answer 3

• Clear hierarchy of offences reflecting the harm caused
• Each offence should have clear and accurate label
• All elements of an offence should be explicitly defined

Question 4

What’s a tip on applying the law to a scenario based question ?

Answer 4

Look at what injury occurred, if there’s no injury it can only be assault or battery