Last amended by Crime and Disorder Act 1998 in 1998. Introduced racially and religiously aggravated versions of s.47, s.20, and common assault offences with enhanced maximum sentences.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Offences Against the Person Act 1861 (OAPA) is one of the oldest statutes still in regular use in English criminal law. It codified a range of non-fatal offences against the person including assault occasioning actual bodily harm (s.47), malicious wounding or inflicting grievous bodily harm (s.20), and wounding or causing grievous bodily harm with intent (s.18). Despite its age and drafting criticisms, it remains the principal statute for charging non-fatal offences against the person.
Key Points
- Section 18: Wounding or causing GBH with intent — maximum life imprisonment
- Section 20: Malicious wounding or inflicting GBH — maximum 5 years
- Section 47: Assault occasioning actual bodily harm (ABH) — maximum 5 years
- Section 23: Maliciously administering poison so as to endanger life
- Section 24: Maliciously administering poison with intent to injure
- Common assault and battery are charged under s.39 Criminal Justice Act 1988
- The Act is widely criticised for archaic language and inconsistencies but has not been replaced
- Section 18 — wounding or causing GBH with intent: maximum life imprisonment
- Section 20 — malicious wounding or inflicting GBH: maximum 5 years
- Section 47 — assault occasioning actual bodily harm (ABH): maximum 5 years
- Section 23 — administering poison so as to endanger life
- Section 24 — administering poison with intent to injure or annoy
- Archaic language — 'maliciously' interpreted as requiring intention or recklessness (Cunningham [1957])
Parts & Sections
Amendments History
1998 — Crime and Disorder Act 1998
Introduced racially and religiously aggravated versions of s.47, s.20, and common assault offences with enhanced maximum sentences.
Frequently asked questions
- What is the main purpose of the Offences Against the Person Act 1861?
- The Offences Against the Person Act 1861 is the principal statute for charging non-fatal offences against the person in England and Wales. It covers specific crimes such as assault occasioning actual bodily harm, malicious wounding, and wounding with intent. Despite its age and criticism for archaic language, it remains in regular use and has not been replaced by a newer statute.
- What are the maximum sentences for the main offences under the Act?
- The maximum sentence for wounding or causing grievous bodily harm with intent under Section 18 is life imprisonment. In contrast, malicious wounding or inflicting grievous bodily harm under Section 20 carries a maximum sentence of five years. Assault occasioning actual bodily harm under Section 47 also carries a maximum sentence of five years.
- What does 'actual bodily harm' mean under Section 47?
- Section 47 covers assault occasioning actual bodily harm (ABH). ABH is defined as any hurt or injury calculated to interfere with the health or comfort of the victim. This definition includes psychiatric injury, as established in the case of R v Chan-Fook. The offence carries a maximum penalty of five years' imprisonment.
- Are common assault and battery covered by this Act?
- Common assault and battery are not charged under the Offences Against the Person Act 1861. Instead, these offences are charged under Section 39 of the Criminal Justice Act 1988. The 1861 Act specifically deals with more serious non-fatal offences such as ABH, GBH, and wounding.
- What does the word 'maliciously' mean in the context of these offences?
- The term 'maliciously' in the Act is interpreted as requiring either intention or recklessness regarding some physical harm. This interpretation is based on the legal precedent set in the case of Cunningham [1957]. It clarifies the mental state required to prove offences like malicious wounding under Section 20.
- How does the Crime and Disorder Act 1998 affect these offences?
- The Crime and Disorder Act 1998 introduced racially and religiously aggravated versions of offences under Section 47, Section 20, and common assault. These aggravated offences carry enhanced maximum sentences compared to the standard offences listed in the Offences Against the Person Act 1861.