Consider what criticism may be made of the non-fatal offences against the person.

Non-fatal offences against the person are offences that are criminal in nature but do not cause a fatal injury to the person once inflicted. When discussing the extent to which the non-fatal offences can be criticised, the starting point is the establish the law that governs these offences. Discussed here will be the wording and sentencing procedures that have been used when distinguishing the offences that fall under this category.The wording and sentencing procedures have led to an increased amount of criticism over the years. The Law Commission has stated that the Offences Against the Persons Act (OAPA) 1861, which is the law that governs Grievous Bodily Harm (GBH) and Actual Bodily Harm (ABH), is complicated, obscure and old fashioned. For example, when looking at the offences ABH and GBH, ABH is regarded as a less severe offence. However, according the OAPA, the sentencing procedures ensure that both offences, more specifically S.20 for GBH, can lead to a 5 year imprisonment. This shows that the non-fatal offences can be criticised, as a person may receive a sentence that is disproportionate to the crime that they have committed.

Answered by Dhruvi V. Law tutor

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