Describe the Offences Against the Person Act

In ascending order

Assault - A puts B in fear of immediate force against them

Battery - A applies unlawful force e.g. by slapping or punching B 

This is a rather technical distinction and both legal "common assault", and colloquially what we call "an assault", much more closely match the definition for battery*

Assault and battery come from common law definitions, not the Act itself*. However, as they are offences against the person, they are involved in the framework. 

Assault occassioning ABH (s.47 Offences Against the Person Act 1861) - "ABH" - degree of injury caused that is "more than transient and trifling". Scratches or minor bruising are more likely to be common assault, fractures and bruising ABH. 

Grievous bodily harm with intent (s18 OAPA 1861) and without intent (s.20*) are the most serious non-fatal offences, for example which might lead to hospitalisation but the victim would not be killed. The maximum sentence is life imprisonment. 

How was this explanation? Once you have got to grips with these basic descriptions, you will be able to add detail, including case law. 

  • indicates a position for further discussion - is the law satisfactory? Are the terms intelligible and easily understandable? Would a client who could not afford a lawyer be able to navigate the law? should we just call it assault? Should the offences be codified into one Act or the law reformed? Why are there different offences based on intent? 

If this explanation helped, feel free to arrange a free "Meet the Tutor" meeting and I will be happy to help you further. I have just graduated with a First in Law from the University of Exeter. 

Answered by Charlotte W. Law tutor

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