Offences against the Person Act 1861

The Offences against the Person Act 1861 (24 & 25 Vict. c.100) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the criminal law consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Offences against the Person Act 1828 (and the equivalent Irish Act), incorporating subsequent statutes.

Although it has been substantially amended, it continues to be the foundation for prosecuting personal injury, short of murder, in the courts of England and Wales.

In England and Wales, and in Northern Ireland, the sexual offences under this Act have all been repealed. For current sexual offences see the Sexual Offences Act 2003 and the Sexual Offences (Northern Ireland) Order 2008. In Ireland (both Northern Ireland and the Republic) the Offences against the Person Act 1861 continues to be the basis of a ban on abortion.

Commentary
The Act as originally drafted listed specific methods whereby harm might be caused. For example, section 18 originally included an offence of shooting which could be committed with any of the specified intents. Sections 11 to 15 specified various means by which a person might attempt to commit murder.

In some cases, these reflected political issues of then great significance. For example, the Fenians were promoting their political case by leaving barrels of explosives in public places. Hence, sections 28 to 30 and 64 specifically address the problem of the resulting injuries. Similarly, children were throwing stones at passing railway trains, and these provisions remain in force.

As originally enacted, the Act had 78 sections. In England and Wales, 37 sections remain in force, namely sections 4, 5, 9, 10, 16 to 18, 20 to 38, 44, 45, 47, 57 to 60, 64, 65, 68 and 78. Of those, only sections 25, 34 to 36 and 78 have not been either partially repealed or otherwise amended. Different subsets of its provisions remain in force in Northern Ireland and in the Republic of Ireland.

Dangerous offenders
See the Criminal Justice Act 2003 for further provisions about sentencing for manslaughter and for offences under sections 4 and 16 to 47 of this Act.

Sections 1 to 3: Murder
Sections 1 to 3 dealt with the death penalty for murder and have been repealed.

In the Republic of Ireland, the references to murder in these sections were changed to references to capital murder by section 15 of the Criminal Justice Act 1964. They were repealed by section 9(1) of, and the second schedule to, the Criminal Justice Act 1990. But the repeal of section 1 did not affect the operation of sections 64 to 68.(s.9(2))

Section 1: Penalty for murder
This section replaced the corresponding provision in section 3 of the Offences against the Person Act 1828 (9 Geo.4 c.31) and section 4 of the corresponding Irish Act (10 Geo.4 c.34).

Section 3: Disposal of body
This section provided that the body of every person executed for murder was to be buried within the precincts of the last prison in which he had been confined, and that his sentence was to direct that this should happen. It replaced the corresponding provision in section 16 of the Anatomy Act 1832 (as amended by section 1 of the next mentioned Act) and replaced section 2 of the Hanging in Chains Act 1834 (4 & 5 Will.4 c.26).

Section 4
The penalty for offences under this section was increased by article 5(1) of the Criminal Law (Amendment) (Northern Ireland) Order 1977, but not in relation to offences "committed before the commencement" of that order (art.5(3)).

Abdullah el-Faisal, a radical Muslim cleric who preached in the UK until imprisoned for stirring up hatred, was in 2003 the first person convicted under this Act in more than a century.

Soliciting to murder
This section creates the offence of soliciting murder.

Conspiracy to murder
The repeal of the offence of conspiracy to murder for England and Wales was consequential on the codification of conspiracy by Part I of the Criminal Law Act 1977. The effect of this section, in relation to conspiracy to commit murder abroad, was preserved by section 1(4) of that Act.

The repeal of the offence of conspiracy to murder for Northern Ireland was consequential on the codification of conspiracy by Part IV of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)).

Section 5: Manslaughter
This section sets the maximum sentence for manslaughter as life imprisonment.

Other matters
Sections 6 to 8 have been repealed. They respectively dealt with the form of the indictment for murder and manslaughter, with excusable homicide and with petty treason.

Section 6 replaced section 4 of the Criminal Procedure Act 1851 (14 & 15 Vict. c.100). This section was repealed for the Republic of Ireland on 22 August 1924.

Section 7 replaced section 10 of the Offences against the Person Act 1828.

Section 8 replaced section 2 of the Offences against the Person Act 1828.

Jurisdiction
Sections 9 and 10: Murder or manslaughter abroad. Section 9 gives the courts in England, Wales and Ireland extra-territorial jurisdiction over homicides committed by British subjects overseas. (Note however the restricted definition of "subject" under section 3 of the British Nationality Act 1948.) Section 10 gives these courts jurisdiction over fatal acts committed by British subjects overseas where the death occurs in England, Wales or Ireland, and jurisdiction over fatal acts committed in England, Wales or Ireland by anyone, including aliens, where the death occurs abroad. (The word "criminally" in that section has been held to exclude fatal acts done by aliens overseas although the death occurs in England, Wales or Ireland, since such acts are not punishable under the criminal law.)

"9. Where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, ... may be dealt with, inquired of, tried, determined, and punished ... in England or Ireland; Provided, that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of England or Ireland in the same manner as such person might have been tried before the passing of this Act.

10. Where any person being [criminally] stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England or Ireland, shall die of such stroke, poisoning, or hurt in England or Ireland, or, being [criminally] stricken, poisoned, or otherwise hurt in any place in England or Ireland, shall die of such stroke, poisoning, or hurt upon the sea, or at any place out of England or Ireland, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, may be tried ... in England."

Sections 9 and 10 respectively replace sections 7 and 8 of the Offences against the Person Act 1828.

Attempts to murder
Sections 11 to 15 dealt with attempts to murder and have been repealed. See now the Criminal Attempts Act 1981 (c.47).

Section 11: Administering poison or wounding or causing grievous bodily harm with intent to murder

This section replaced section 2 of the Offences against the Person Act 1837 (7 Will.4 & 1 Vict. c.85).

Section 12: Destroying or damaging a building with gunpowder with intent to murder

This section replaced section 2 of the Arson Act 1846 (9 & 10 Vict. c.25) (Malicious injuries by fire)

Section 13: Setting fire to or casting away a ship with intent to murder

Section 14: Attempting to administer poison, or shooting or attempting to shoot, or attempting to drown, suffocate or strangle with intent to murder

This section replaced section 3 of the Offences against the Person Act 1837.

Section 15: Attempting to commit murder by any other means

Threats to kill
Section 16

The making of a threat to kill is an offence where the defendant intends the victim to fear it will be carried out. It is immaterial whether it is premeditated or said in anger; & or, in self defence, such as the case in Manchester-UK; IWW; & affiliated Cuban groups, hold the police to a virtuial ransom-{The worst area on planet earth bar none; for social intimidation}-& one of the people running it is a well known fellon, that was released; after serving 8 years; for child murder & abduction. They rely on, this clause to keep the police frightened of them & there union hold; for any reply to there abuse of the none IWW, is then seen by them as a direct threat to the many-{Communal}-by the one; & thus the police are brainwashed into thinking that they are doing the individual a good turn, by not locking him up; & thus the GMP have become, basically an armed terrorist group-{Unable; or unwilling to stand up for lawful public}. Although the normal maximum sentence is ten years, offenders deemed to present a "significant risk" of "serious harm" to the public-{In Manchester's case; Mob}-can now receive a life sentence under the Criminal Justice Act 2003-{Norweb-Mr GMP; "if you f++king please"*}. Other threats of violence may be prosecuted summarily under section 4 of the Public Order Act 1986. This section, as originally enacted, replaced the offence of sending, delivering or uttering a letter or writing threatening to kill or murder under section 1 of the Act 10 & 11 Vict. c.66 (1847); the other offences under that section being consolidated elsewhere. In Northern Ireland, this section was substituted by article 4 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16)). In the Republic of Ireland, this section has been repealed and replaced by section 5 of the Non-Fatal Offences Against the Person Act 1997.
 * The only reason that the GMP have for holding my money, is this, quote, "If you-Norweb-do that, "++++"; & then "I", will do "x""; "Norweb-fuel community", threw Laura Sadler out of a window; & "I" have been-"Lent On".*
 * It is now, no longer-anything but, a military situation in the northwest; & should be turned over to the SAS; & snatch squads; "If GMP, can no longer offer, any kind of resistance against this blatent Nazism, that so grips the people of the area.

Bodily harm
In the Republic of Ireland, sections 16 to 26 and 28 to 34 of this Act were repealed by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997

Section 17 - Impeding a person endeavouring to save himself or another from shipwreck.

Shipping was the lifeblood of the Empire and so specific offences to protect seamen were common.

Wounding and grievous bodily harm

The offences under sections 18 and 20 of this Act are discussed in detail in the article grievous bodily harm.

Section 18

This section creates the offences of wounding and causing grievous bodily harm, with intent to cause grievous bodily harm, or to resist arrest. It is punishable with life imprisonment.


 * "18. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person ... with intent ... to do some ... grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable ... to be kept in penal servitude for life ..."

This section replaces section 4 of the Offences against the Person Act 1837.

The offences under this section of shooting and attempting to shoot with intent have been repealed. It is also no longer possible to charge the remaining offences of wounding and causing grievous bodily harm as having been committed with intent to maim, disfigure or disable as the relevant words have been repealed.

Section 19

This section defined the expression "loaded arms". The repeal of this section was consequential on the repeal of the offences of shooting and attempting to shoot with intent under sections 14 and 18 above.

Section 20

This section creates the offences of wounding and inflicting grievous bodily harm. They are less serious than the offences created by section 18 and carry a maximum prison sentence of 5 years.


 * "Inflicting bodily injury, with or without weapon
 * 20. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and, being convicted thereof shall be liable ... to be kept in penal servitude ...."

This section replaces section 4 of the Prevention of Offences Act 1851(14 & 15 Vict. c.19). The offence of wounding either with or without a weapon or instrument under this section replaces the offence of stabbing, cutting or wounding under that section.

Garrotting, etc. - Administering chloroform, etc.

Sections 21 and 22: Attempting to choke, &c., in order to commit or assist in the committing of any indictable offence. Certain forms of attack have always been viewed with particular horror and the use of strangulation or drugs to render someone unconscious with a view to committing a crime require special treatment. Contemporary crime including date rape following the use of hypnotic drugs such as Flunitrazepam show that little has changed save that where the intended offence is of a sexual nature, separate legislation applies (see Sexual Offences Act 2003).

Section 22 replaces section 3 of the Prevention of Offences Act 1851

Poisoning

Sections 23 and 24 cover the insidious forms of attack based on administering poisons or other dangerous chemicals and substances intending to injure another. Although rarely used today, the offences remain available should the specific circumstances arise, e.g. sending a package containing a dangerous substance to an embassy.

Section 25 permits a jury to find a person charged with an offence under section 23 guilty of an offence under 24.

Sections 23 to 25 respectively replace sections 1 to 3 of the Act 23 & 24 Vict. c.8 (1860) (unlawful administering of poison).

Section 26 - Neglecting or causing bodily harm to servants

This section deals with the problem of neglect by an employer who failed to provide adequate food, clothing and accommodation for staff and servants. It is punishable on conviction on indictment with imprisonment for a term not exceeding five years.

This section replaces section 1 of the Poor Law (Apprentices) Act 1851 (14 & 15 Vict. c.11).

The offence of assault under that section has been replaced by one of doing or causing bodily harm.

See also the summary offence under section 6 of the Conspiracy and Protection of Property Act 1875 which could be committed by neglecting to provide medical aid.

Section 27 - Abandoning or exposing a child under the age of two

The offence is in practice obsolete, as it has been superseded by the offence of cruelty to persons under sixteen under section 1 of the Children and Young Persons Act 1933. The exception to this is that it can be committed by a person who does not have responsibility for the child within the meaning of the 1933 Act (assuming that such a person can unlawfully abandon or expose a child), and also by a person who is under sixteen.

Explosives, etc.

Sections 28, 29, 30, and 64 created a range of criminal offences supplementing the Explosive Substances Act 1883 and the Explosives Act 1875. These remain in force, although the Criminal Damage Act 1971 covers all aspects of the resulting damage to property and the Terrorism Act 2000 deals with possession for terrorist purposes.

Section 28 replaces section 3 of the Arson Act 1846 (malicious injuries by fire).

Section 29 replaces section 4 of the Arson Act 1846.

Section 30 replaces the corresponding offence under section 6 of that Act; the other offences under that section being consolidated elsewhere.

Section 31 - Setting spring guns with intent to inflict grievous bodily harm

This section addresses the problem of those who wish to protect their property with hidden traps.

This section replaces sections 1 to 4 of the Act 7 & 8 Geo.4 c.18 (1827)(An Act to prohibit the setting of spring guns, mantraps and other engines calculated to destroy human life or inflict grievous bodily harm).

Causing danger on railways

Sections 32 to 34 protect the railways from those who place obstructions on the line, throw stones at the passing trains, and generally endanger the passengers.

Section 32 replaced the offence of attempting to endanger the safety of passeengers under section 6 of the Prevention of Offences Act 1851; the other offence being consolidated elsewhere.

Section 33 replaced section 7 of that Act.

Section 35 - Wanton and furious driving

In practice this has largely been superseded by the offence of dangerous driving under the Road Traffic Act 1988. It however has been used recently (2009) to prosecute a death caused by a cyclist collision, which would have fallen outside of other laws.

Assaults
Section 36 - Assaulting or obstructing a clergyman in the execution of his duties

Specific protection for clergymen carrying out their public duties.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Section 37 - Assault on any person authorized to preserve any shipwrecked vessel or goods

This offence is triable only on indictment and punishable with imprisonment for a term not exceeding seven years.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Section 38
This section was repealed for Northern Ireland by section 7(3) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c.28) (N.I.). The offences of assault with intent to resist arrest and assaulting, etc. a peace officer under this section were replaced by section 7(1) of that Act.

Assault with intent to resist arrest

In England and Wales, this section creates the offence of assault with intent to resist arrest and provides the penalty to which a person is liable on conviction of that offence on indictment.

Assaulting, resisting or wifully obstructing a peace officer in the execution of his duty

This offence was repealed and replaced by section 51 of the Police Act 1964 (c.48). An assault on a constable in the execution of his duty can now be prosecuted summarily under section 89(1) of the Police Act 1996.

Assault with intent to commit felony

The repeal of this offence was consequential on the abolition of the distinction between felony and misdemeanour.

Section 39
This section been repealed in England and Wales and has not been replaced. The trade in grain and other staples is no longer considered to require specific protection.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Section 40
This section been repealed in England and Wales and has not been replaced. It is no longer considered necessary to have a specific offence to protect seamen while carrying out their duties.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Section 41 - Assault arising from combination
The repeal of this section was consequential on the decriminalization of trade unions. See the Criminal Law Amendment Act 1871 and the Trade Union Act 1871.

Section 42 - Common assault and battery
In England and Wales, this section has been repealed and has been replaced by section 39 of the Criminal Justice Act 1988. The Criminal Law Act 1977, Schedule 6, increased the maximum fine to £200.

In Northern Ireland, this section was substituted by section 23(1) of the Criminal Justice Act (Northern Ireland) 1953 (c.14) (N.I.). Section 23(2) of that Act provides that any reference to this section in section 46 of the Summary Jurisdiction Act (Northern Ireland) 1953, or in any other enactment, is to be construed as a reference to this section as amended by that Act. This provision is said to be for the removal of doubt.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Section 43 - Aggravated assault and battery
This section replaces section 1 of the Act 16 & 17 Vict. c.30 (1853) (aggravated assaults upon women and children)

In England and Wales, this section has been repealed and has not been replaced. The Criminal Law Act 1977, Schedule 6, increased the maximum fine to £500.

In Northern Ireland, this section makes provision for the summary prosecution of aggravated assaults on women and children. The maximum fine for this offence was increased by section 60(2) of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 (c.13) (N.I.)

In the Republic of Ireland, this section was repealed by section 26 of, and the second schedule to, the Criminal Justice Act 1951 (No.2)

Section 44 and 45

In the Republic of Ireland, these sections was repealed by section 26 of, and the second schedule to, the Criminal Justice Act 1951 (No.2)

Section 46

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Section 47
This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Assault occasioning actual bodily harm

In England and Wales, and in Northern Ireland, this section creates the offence of assault occasioning actual bodily harm and provides the penalty to which a person is liable on conviction of that offence on indictment.

In the Republic of Ireland this offence has been replaced by the offence of assault causing harm under section 3 of the Non-Fatal Offences Against the Person Act 1997.

Common assault

In England and Wales, the provision in this section relating to common assault has been repealed.

In Northern Ireland, this section provides that a person who is convicted on indictment of common assault is liable to imprisonment for a term not exceeding two years. This penalty was substituted by virtue of article 4(2)(b) of the Criminal Justice (No.2) (Northern Ireland) Order 2004 and was previously imprisonment for a term not exceeding one year.

Rape, abduction and defilement of women
Section 48 - Rape

This section provided that a person guilty of rape was liable to be kept in penal servitude for life or for any term not less than three years or to be imprisoned (with or without hard labour) for any term not exceeding two years.

It was a revised version of section 16 of the Offences against the Person Act 1828, incorporating the non-textual amendments made to that section by section 3 of the Substitution of Punishments of Death Act 1841 (4 & 5 Vict. c.56) and section 2 of the Penal Servitude Act 1857. It replaced section 16 of the 1828 Act and the corresponding provision in section 3 of the 1841 Act, which were repealed.

In England and Wales, this section was repealed and replaced by section 1(1) of the Sexual Offences Act 1956. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences by the Sexual Offences (Northern Ireland) Order 2008.

Section 49 - Procuring, by false pretences, false representations or other fraud, a girl under 21 to have illicit carnal connexion with any man

The expression 'illicit carnal connexion' means extramarital sexual intercourse.

This section replaced section 1 of the Act 12 & 13 Vict. c.76 (1849) (procuring the defilement of women).

This section was repealed and replaced by section 2(1) of the Criminal Law Amendment Act 1885

Carnal knowledge of girls under 12

See carnal knowledge

Section 50 replaced section 17 of the Offences against the Person Act 1828 and the corresponding provision in section 3 of the Substitution of Punishments of Death Act 1841 (4 & 5 Vict. c.56) and incorporated the non-textual amendment made by section 2 of the Penal Servitude Act 1857.

Sections 50 and 51 were repealed by section 2 of the Offences against the Person Act 1875. They were replaced by sections 3 and 4 of that Act (also replaced) which had a broader scope.

Section 52 - Indecent assault upon a female

In England and Wales, this section was repealed and replaced by section 14(1) of the Sexual Offences Act 1956. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences.

Abduction

Sections 53 to 56 were repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Sections 53 and 54 created various offences of abduction, including:

Forcible abduction of any woman with intent to marry or carnally know her. This would be charged as the common law offences of kidnapping and false imprisonment, or rape, and/or human trafficking under the Sexual Offences Act 2003.

In England and Wales, section 53 was repealed and replaced by sections 17 and 18 of the Sexual Offences Act 1956. In England and Wales, section 54 was repealed and replaced by section 17(1) of the Sexual Offences Act 1956. In Northern Ireland, repeal of these sections was consequential upon the codification of the law relating to sexual offences.

Section 55 - Abduction of a girl under 16

In England and Wales, this section was repealed and replaced by section 20 of the Sexual Offences Act 1956. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences.

Child Stealing
Section 56 created the offence of child stealing. In England and Wales, it has been repealed and replaced by the Child Abduction Act 1984 (c.37).

Bigamy
Section 57 - Bigamy

This section creates the offence of bigamy. It replaces section 22 of the Offences against the Person Act 1828.

Abortion
Section 58

Abortion by unlawfully administering any poison or noxious thing is an offence (see also the Infant Life (Preservation) Act 1929), but section 1(1) of the Abortion Act 1967 provides that no one shall be guilty of an offence under this section for a medical termination of a pregnancy under certain circumstances in England and Wales.

The section replaces section 6 of the Offences against the Person Act 1837.

Section 59

This section prohibits supplying or procuring poison or instruments for the purpose of criminal abortion.

Concealing the birth of a child
Section 60 - Concealing the birth of a child

This section creates the offence of concealing the birth of a child. It replaces section 14 of the Offences against the Person Act 1828.

Unnatural offences
Section 61 - Buggery

This section abolished the death penalty for buggery, and provided instead that a person convicted of buggery was liable to be kept in penal servitude for life or for any term not less than ten years.

This section replaced section 15 of the Offences against the Person Act 1828.

In England and Wales section 61 was repealed and replaced by section 12(1) of the Sexual Offences Act 1956.

Section 62 - attempted buggery - assault with intent to commit buggery - indecent assault upon a male

In England and Wales section 62 was repealed and replaced by sections 15(1) and 16(1) of the Sexual Offences Act 1956.

In Northern Ireland section 62 was found to be incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms and was repealed by the Sexual Offences Act 2003.

Carnal knowledge
Section 63 defined the expression "carnal knowledge". In England and Wales, this section was repealed and replaced by section 44 of the Sexual Offences Act 1956.

Other matters
Section 64: This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Section 65: search warrants for weapons, explosives and other articles intended for use in committing offences. This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Sections 66 to 79 dealt with supplemental matters.

Section 68 provides that indictable offences under the Act committed within the jurisdiction of the Admiralty are subject to the punishments to which they would be subject if they had been committed in England. If this provision was not redundant in 1861, it is now.

Section 73: This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997.

Consequential repeals
The repeal of sections replaced by this Act was effected by the Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c.95)