OAP A02

Question 1

Parliament has yet to update the law which makes :

Answer 1

Definitions of the offences are a confusing mixture of common law and statute -
appropriate for their definitions to be codified in an Act of Parliament?

Question 2

OAP act 1861 problems

Answer 2

• THE WORDING - Many of the words used to define non-fatal offences have been criticised
  as out-of-date and ambiguous. For example – assault, battery, ‘grievous’ and ‘breaking
  of the skin.
• Discussion of the antiquated language in the OAPA 1861 – ‘grievous’ and ‘actual bodily
  harm’ not in keeping with MODERN LANGUAGE use. Problems with the use of the word
  ‘maliciously’ under s.18 and s.20.
  -

Question 3

Problems with s20 and 47

Answer 3

Inconsistencies in the use of language – ‘inflict’ in s.20 and ‘occasion’ in s.47. Discussion
of the OAP Act 1861 as a consolidating statute, in need of modernisation now.

Question 4

Sentencing problems

Answer 4

Discussion of the sentencing anomalies with the non-fatal offences. E.g. 6 months for assault and battery and 5 years for both ABH and GBH. Then jumps to life for s.18.

Question 5

S18 problems

Answer 5

• Discussion of the difficulties with mens rea element – intention or recklessness for all offences apart from s.18.
• Discussion of plea bargaining.
• The arrest element of s.18 - the inclusion of ‘resisting arrest’ in the definition of s.18
GBH is a confusing concept, which allows a defendant to be charged with GBH when
they have caused GBH whilst intentionally resisting arrest.

Question 6

Plea bargaining

Answer 6

Plea bargaining It is quite common for a person to be charged with a lesser offence that the one that they have actually committed. The prosecution may also charge the defendant with a lesser offence if they will agree to a guilty plea

Question 7

Reform

Answer 7

Law commission report 1993

Question 8

Law commission report 1993

Answer 8

produced ‘Offences Against the Person and General Principles’ in 1993. This report re-drafted the non-fatal offences and criticised the current offences.
• The Law Commission also produced a draft Criminal Law Bill which re-defined the
offences.
This report has never been adopted.

Question 9

Law commission report 3 criticisms of current law

Answer 9

Their three main criticisms of the current law was for its;
o complicated, obscure and old-fashioned language
o complicated and technical structure
o complete unintelligibility to the layman