BMLW4002 Criminal Law Report: Offences Against the Person Act Reform

This report delves into the realm of criminal law, specifically focusing on the Offences Against the Person Act 1861 and the ongoing efforts to reform it. The report begins with an introduction to criminal law, emphasizing its role in maintaining law and order. The main body of the report examines the Act of 1861, highlighting its significance and the subsequent need for amendments. The analysis includes a discussion of the Law Commission's role in proposing reforms, considering issues like child abuse, sexual offenses, and the differentiation between physical and general injuries. The report also discusses the importance of updating laws to address the changing nature of crimes and punishments, including cases like R. v. Miller and DPP v. Smith. The conclusion summarizes the key findings, emphasizing the necessity of continued reform to ensure the law remains relevant and effective in protecting individuals and upholding justice. The report also stresses the need for clear punishments, especially those related to child abuse, sexual offenses and the need for a proper law and order through which the person can validate the nature and the virtual reforms in there various terms.

Criminal law

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7

INTRODUCTION
Criminal law is the body of rules that has been framed in order to maintain the peace and
the law and order in all the countries. There has been analysed that all the rules and the norms
which are being made in the criminal law are there by being important for all the further areas.
The laws are being enacted by the legislature and it helps in solving all the disputes that are
arising in the individual and in all the crimes(Aksenova, and et. al., 2019). It covers out all the
areas in the victim compensations and with that all the punishments for the offences which
governs varies crimes. This report will cover the offences against the person Act 1861 and in that
all the reforms that are being covered in it so as varies changes there by being depicted.
MAIN BODY
The offence against the person Act 1861, is being made in England and has been framed
in 1 November, 1861, this act implies all the offences that are been made so as to imply all the
rules which helps in the formation of all the rules and the methods that covers the nature in the
criminal law. It is being implies that the main issue which is being concerned is the injury and
the bodily harm that affects the individual. The offence against the person Act 1861, is mainly
the act which helps in providing all the laws that tends to provide the rules through which all the
crimes and the offences that is happening in England can there by being covered.
As this law has been made in the earlier times it has been analysed that there are certain
punishments and the rules which were made earlier and that can not be changed without the
requirement and the analysis. So there is framed that all these laws can be amended and have to
be made with all the reforms and the cultures(BreakingChinkin, 2018). There has been drafted a
bill by the law reforms in order to maintain the law and order updated and with that they can
there by helps out in making all the changes which helps the individual to maintain the morality
of work. The main aim behind the reform is that law always required to be amended and there
has been analysed that through all such , methods and with the change in society and there
culture and behaviour all the amendments will there by be framed so as to maintain the peace
and the equality in the environment (Yanev and et. al., 2019). This is also been analysed that
there are several issues like injury that is causing the actual body harm with that all the sexual
offences and the disease like HIV and other varies offences which creates a major impact on the

individual. All the injuries and the issues which affect the laws and the terms through which the
offences can be concerned are being made.
The law reforms has drafted so many bills in which there has been consolidated varies
amendments and with the change in the law commission 2015 it is being observed that all the
nature and the areas through which these works being covered. The law commission has raised
that as there are various important issues that are not being covered like child issues and the
serious punishments that bare important to be amended for the child with that all the injury and
the bodily harms are not being connected with it(Christensen, 2020). As in today's time where
sexual abuse and the child abuse is being adversely increasing there is being analysed that all the
reasons and the areas through which such implications can there by be covered. And all the laws
should have to be made in order to increase the punishments so as the crimes can seriously be
taken.
The other issue which is being covered In this is major is differentiation of physical and
general injury as in The offence against the person Act 1861 the varies difference in the physical
and the general injury is not being mentioned. So it is important that all the physical and the
general injury with there bodily harm can be explained in order to make and maintain the
offences more clear.
The law commission 2015 also focused on various punishments that are need to be
enacted in relation to the sexually transmitted disease like HIV like the person who is not being
explaining the disease can lead to be under the crime for a varies person. In the change in the
varies approach and the requirements there has been analysed that all the laws will needed to be
updated and recorded in a proper manner so as that will help out all the individuals in the society
to take strict actions and reduce the crime in the society(Jessberger, and Geneuss, J 2020). The
offence against the person Act 1861 involves varies punishments but all that covers the low
punishments that bare needs to be upgraded and with the change in the time there are change in
all the areas and the punishments that has been analysed with there cultural approach and the
framework.
In the case of R V. Miller, there was a scenario that husband and the wife in order to take
the divorce were under the judicial separation and with that there has been seen that husband
forced his wife for the sexual intercourse. When the case there by has been filed the husband said
that all that was being through the nervous breakdown as he was not in his senses on that case.

The court there by has made the punishment that the husband is held liable for the ABH ie; the
actual body harm which has been occurred to the wife as there were injuries that has been
happened to her. But when the law commencement 2015 imposed that all the nature which is
being covered all the areas through which it has been analysed that the injuries are countable but
there should be recorded some more issues like Marital rape and with that all the nature and the
affirmative changes are being required to be made. As while the injury is discomforting the
person and the issues like rape is being covered in a proper clause that generalise the main areas
and nature.
In the case of DPP v. Smith(1961) Court held that in order to kill any person mens rea is
thereby being important, as all the grievous injury, bodily harm and serious injury is been made
and calculated. And there should be made a proper area and the working through which the laws
can there by carries all the rights and the differentiation in all the injuries being taken in record
(Collins, and Ashworth, 201Dowds, 2020).
Thus, the reform there by will carry all the important issues like section 47, in which
Assault, Section 20 for the Malicious wounding for grievous hurt or wounding in grievous body
harm is being mentioned. The law reforms there has made an commencement through which all
the important areas and aspects can there by be considered and has to be maintained that all the
body harm, injury band other areas can be mentioned. It has not been made to pertains the
quality and the nature of recourse through which a company can term and imply all the nature.
As in modern time it is important that all the laws should be strictly imposed and there has to be
maintained a proper law and order through which the person can validate the nature and the
virtual reforms in there various terms. The offence against the person Act 1861 should there by
be changes and allocated in the manner that all the adverse bodily harms, injury and there nature
can there by be connected and made an proper areas and recourse. The law commencement 2015
reforms out an important aspects in which there has been added all the important areas which
should be framed.
Through the further analysis of all the law reforms that has been covered and has made an
impact in all the areas as to make the society being m,ore immense and clear there has been
analysed that it helps out to maintain the law and then order with the utter peace as with the
change in the society and increase in the rapid growth there has been made that various
amendments are being connected and felt. The main leading issues that has been framed over are

to make the actual injury and the harm in the person and individual being calculated in proper
manner. As grievous body hurt and hurt both carries a major difference and effects the life of the
person so there should be made a clear and figured out punishments that has to be taken in
record.
The offence against the person Act 1861, also carries the punishments in relation to
public servants all the norms and the individual being working in all the ways and manner. There
main aim is to make the society clear and outgrow with the clear and concise manner and with
that all the nature and the cases through which certain areas and elements there by being
recorded, the fines and the imprisonment is that are being given to the person should carry equal
weight in the framework and there has been seen that all the Actual Body Harm which is faced
by the person is being capitalized in all the manner that improvise the nature and the recourse of
the individual's life(Gruodytė, and Čerka, 2020). As there were various cases through which the
injuries were being recorded there has been analysed that the law reforms should measure the
injury and with that carry all the importable aspectual liability through which the work there by
can be made and the punishments can be given to the person. The concepts like felony and penal
servitude which were being removed ass they are not in existence so making them as a part in all
the areas and the grounds will not be considered. There has been analysed that more of the child
related crimes are being taken place so the law should try to make some serious punishments for
all the people who are indulging in such crimes. Moreover any of the areas covers out that some
of the sentences and the imprisonments are not being in control so that should also be governed
and have to be made clear and being worth it according to the crime that has been conducted.
The law reforms covers various bills and draft and has made amendments through which all the
changes and the reforms can there by be made and clarity of the problems and all the penal
punishments that helps to govern the areas and the nature through the working zone.
CONCLUSION
From the above report it has been analysed that criminal law covers out all the set of rules
that are being made in order to maintain law and order and to give the punishments for the
offences and the crimes that are generating. There has been made that The offence against the
person Act 1861 helps to give the punishment to the offenders but there are various amendments

that are needed to be made in order to maintain the peace in the society so the Law commission
2015 has made various reforms through which the punishments can there by be changed and
some new amendments can be made sexual abuse, child abuse and also the sexually transmitted
diseases like HIV is being covered under it.

REFERENCES
Books and Journals
Aksenova, and et. al., 2019. Breaking the Cycle of Mass Atrocities: Criminological and Socio-
legal Approaches in International Criminal Law. Bloomsbury Publishing.
Chinkin, C., 2018. The Third Hilding Eek Memorial Lecture: Violence against Women:
International Human Rights Law, Criminal Law and Security. Nordic Journal of
International Law, 87(3), pp.229-248.
Christensen, M.J., 2020. The Perestroika of International Criminal Law: Soviet Reforms and The
Promise of Legal Primacy in International Governance. New Criminal Law
Review, 23(2), pp.236-270.
Collins, J. and Ashworth, A., 2018. The Preventive Role of the Criminal Law in Employment
Relations. In Criminality at Work (pp. 231-248). Oxford University Press.
Dowds, E., 2020. Feminist Engagement with International Criminal Law: Norm Transfer,
Complementarity, Rape and Consent. Bloomsbury Publishing.
Gruodytė, E. and Čerka, P., 2020. Artificial Intelligence as a Subject of Criminal Law: A
Corporate Liability Model Perspective. In Smart Technologies and Fundamental
Rights (pp. 260-281). Brill Rodopi.
Jessberger, F. and Geneuss, J. eds., 2020. Why Punish Perpetrators of Mass Atrocities?:
Purposes of Punishment in International Criminal Law. Cambridge University Press.
Yanev and et. al., 2019. Modes of liability in international criminal law. Cambridge University
Press.