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
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.