NON-FATAL OFFENCES - PROBLEMS + REFORM PROPOSALS

Question 1

Problems with assault - source & language

Answer 1

• source - common law, all 5 offences should be in one statue to make them easier to find
• language - not very clear, “apprehension” means to expect/anctipate, not fear. The law should be easy t understand

Question 2

Problems with assault - AR

Answer 2

• the AR is broadly interpreted, which is good for defendants as a wide range of conduct is included
• may be unfair for defendants as even those who were joking around an e guilty
• Tuberville - no point criminalising those who aren’t truley criminal

Question 3

Problems with assault - sentencing

Answer 3

• more seriou assaults are charged under s47 which up q big leap
• there is a very limited sentencing powers for assault

Question 4

Assault - proposals for reform

Answer 4

• in their 2015 report the law commission recommended;
• the offence should be replaced with “threatened assault” with a max sentence of 6 months
• would create an additional offence of aggravated assault, birding the gap between assault and s47 and have a maximum sentence of 12 months
• changes would make the law easier to understand, find and more fit with modern times

Question 5

Problems with battery - source and language

Answer 5

• source - common law, all offences should be in one statue to make the law clear
• language - “battery” in modern day suggests high level of force when the offenc is for crimes with a low level of force - can be confusing

Question 6

Problems with battery - AR

Answer 6

• the AR is broadly interpreted (wide range of conduct) which is good for claimants however can be unfair for defendants who can be criminalised for very low level conduct

Question 7

Problems with battery - hierarchy

Answer 7

• big leap between the next NFO which is s47 for injuries lasting more than moments
• the injuries for batter an s47 can be very similar high seems illogical because of the differences in sentencing
• battery = 6 months, s47 = 5 years

Question 8

Battery - proposals for reform

Answer 8

• 2015 law commission report recommended;
• the offence should be replaced with “physical assault” with a max sentence of 6 months
• would create an additional offence of aggravated assault, birding the gap between assault and s47 and have a maximum sentence of 12 months
• changes would make the law easier to understand, find and more fit with modern times

Question 9

Problems with S47 - source & language

Answer 9

• source - over 160 years old, doesn’t reflect current times
• language - outdated/unclear, hard to understand in modern times (occasioning meaning causing)
• unfair as law should be easy to understand

Question 11

Problems with S47 - AR & MR

Answer 11

• the AR & MR for s47 do not match - the AR includes ABH whilst the MR is only for assault or battery
• goes against basic principles of law and is therefore unfair

Question 12

Problems with s47 - hierarchy & sentencing

Answer 12

• attracts same sentence a s20 offence
• both are TEW offences which is illogical and unfair

Question 13

S47 - proposals for reform

Answer 13

• the 2015 law commission report recommended;
• putting all 5 NFO’s into one single, modern statue which would make them much easier to find and use
• would use language that was up to date
• make the statue much easier

Question 14

Problems with s20 - source & age

Answer 14

• source - seems illogical to have 3 NFO’s in a statue and 2 as common law
• age - over 160 years old and passed 2 centuries ago when society and medicine were different
• most sections on the statue are repealed + would make sense to have the law in a clear modern statue

Question 15

Problems with s20 - language

Answer 15

• outdated and hard for people to understand
• words like “grievous” and “bodily harm” have to often be interpreted by courts

Question 16

Problems with s20 - AR

Answer 16

• aging 2 types of a AR is confusing and unessary
• why do we need a separate wound - any injury that’s not a wold is GBH

Question 17

S20 - proposals for reform

Answer 17

• law commission proposed putting all 5 NFO’s into one single statue to make the law clearer & replacing the current s20 offence with a offence of “recklessly causing serious injury” with a max sentence of 7 years

Question 18

Problems with s18 - source & age

Answer 18

• In a statue while other NFO’s are common law
• unclear, inaccessible, hard to find and use

Question 19

Problems with s18 - wording

Answer 19

• the wording used is not fit for purpose in modern times, making it problematic, unfair and in need of reform
• words like ‘grevious’ are old fashioned and often need to be interpreted by the courts
• law should be clear and easily accessible

Question 20

Problems with s18 - AR

Answer 20

• no need for 2 different AR for s18, just overcomplicates and can get confusing
• unfair and not fit for purpose and could be reformed

Question 21

Problems with s18 - hierarchy of the offences & sentencing

Answer 21

• top of the hierarchy of offences
• same AR as s20 but s18 has a max sentence of life imprisonment
• huge leap in sentencing from 5 years
• seems illogical

Question 22

S18 - proposals for reform

Answer 22

• 2015 law commission suggested putting all 5 NFO’s in a clear modern statue
• this will overcome the problem of age, wording and will make the law fairer as it will be clearer and more accessible
• would also be made democratically by parliament
• less of a gap between sentencing making it more logical