OAPA 1861
Offences Against the Person Act 1861
Principal statute for non-fatal offences against the person — assault, ABH, GBH, wounding. Common law assault and battery sit alongside.
Self-test
Sections
Common Assault & Battery (s.39 CJA 1988)
Common law offences charged under s.39 Criminal Justice Act 1988. Assault = causing another to apprehend immediate unlawful violence. Battery = applying unlawful force.
- Summary only — max 6 months / level 5 fine.
- No injury required for assault; any unwanted touching can be battery.
- Aggravated version under s.1 Assaults on Emergency Workers (Offences) Act 2018 — max 2 years.
Section 47 — Assault occasioning actual bodily harm (ABH)
Assault or battery that causes actual bodily harm — any hurt or injury that interferes with health or comfort (more than transient/trifling). Includes recognised psychiatric injury.
- Either-way — max 5 years on indictment.
- Examples: bruising, grazes, minor cuts, loss of tooth, temporary loss of consciousness.
- Cutting hair without consent can be ABH (DPP v Smith).
Section 20 — Malicious wounding / inflicting GBH
Unlawfully and maliciously wounding or inflicting grievous bodily harm on another, with intent or recklessness as to causing some harm.
- Either-way — max 5 years on indictment.
- Wound = break in continuity of BOTH layers of skin.
- GBH = really serious harm (broken bones, deep lacerations, serious psychiatric injury, transmission of serious disease).
- Mens rea: intent or recklessness as to SOME harm (not GBH itself).
Section 18 — Wounding / GBH with intent
Unlawfully and maliciously wound or cause GBH WITH INTENT to do GBH or to resist/prevent the lawful apprehension of any person.
- Indictable only — max LIFE imprisonment.
- Specific intent crime — must intend GBH (or resist arrest).
- Distinguished from s.20 by the intent.