Criminal Law Report: Offences Against the Person Act 1861 and Reforms

This report provides a comprehensive overview of the Offences Against the Person Act 1861 (OAPA), analyzing its provisions, criticisms, and proposed reforms. It explores the historical context of the Act, its consolidation in England, and the types of offenses it covers, including intentional wounding and bodily harm. The report highlights the Act's shortcomings, such as the lack of coherence and the omission of crucial issues like minor injuries and sexually transmitted diseases, and then discusses the recommendations made by the Law Commission in 2015 to address these gaps. Furthermore, it delves into relevant case laws, such as R v. Miller and DPP v Smith, illustrating how these cases have shaped the interpretation and application of the OAPA. A case scenario involving a drunk individual and a police officer is presented to demonstrate the practical application of the Act. The report concludes by emphasizing the importance of keeping criminal law updated and relevant to societal changes, with a call for amendments to address the issues of bodily harm, HIV disclosure, and child safety, thereby embracing a safer and more just society.

CRIMINAL LAW

Introduction
Criminal law complies with the body of rules that has been made for all the crimes that
are being conducted by the individual. It covers all the laws which are being made in order to
frame the laws that endangers the property, health, moral welfare. The laws made for the
criminal law are being enacted by the legislature(Aksenova, and et. al., 2019). The criminal law
covers all the dispute resolution and also emphasis on the victim compensation and giving the
punishment to the person who has done the crime. This report will cover the offences against the
person Act 1861, and with that all the reforms which are set out by the Law commission in 2015
in order to frame the changes that are being made in it.
Overview of the Act
The offence against the person Act 1861 (OAPA), is an Act that has been consolidated in
England and was commenced in 1 November, 1861. this act covers all the offences that are being
raised against the person as by being the statute in all the single act. The main order of this act is
that it covers all the criminal offences that are being led out over there. This act implies all the
major importance of the methods that creates the intentional wounding and also the bodily harm.
This act implies that there are certain laws which covers all the segment of law and also provide
the crime roles that tends to be made in order to frame all the nature and the context being
created (Nikonov, 2019).
As this law act was being made earlier there are many changes which has been adapted in
all the areas as there has been seen that these laws are not for today's time. So there has been
framed that such laws should be amended with the reforms so the law commission has framed
and drafted various bills in order to make the amendments and the necessary changes that can
help in creating and maintaining the law and order in the country (Norrie, 2021). The main aim
for the reform is that law should always remain updated with all the changes that are being taken
place in the society, the he offence against the person Act 1861 has not actually covered the
major issues too that embraces the role of the offences of the minor injury and all the
transmissions that are being made by the sexual diseases like HIV(Beck, 2017). As when there
has been analysed in all the reforms there are various changes like the injury which is not being
mentioned.

Criticism
The OAPA is being widely criticised as that was the old legislation and it was difficult to
understand all the legislative approach in it. There were varies lack of coherence as all the
legislation there by being made were in lack of coherence (Eskauriatza, 2020). All the important
and the most sensible crimes there by were not being considered and a major punishment were
not being considered. Thus there were lack of some serious punishments which are opt to be
made as in order to frame all the statue crimes. In order to imply all the serious issue there is a
much need of making all the variable and the conducts that helps out in making and giving all the
serious punishments (Bosworth, 2017).
Recommendation
The law reform is being made and analysed that all the law and the offences are being
covered are not clear as there has not being given the essential information which is thereby
being required to be made clear in OAPA. There were various specialised offences which
involves all the factual areas that are being considered in general offences. There were so many
concepts that are not in the existence like felony and also the penal servitude. As when has been
clarified that there were some sections that are being covered in the unclear areas and seriousness
and also some of the area which have the sentencing powers. Some of the simple offences are
being covered in it,(Collins, and Ashworth, 2018).
In the other area there was a major issue of differentiation of physical and general injury
and that has been created that all the injury should be properly mentioned . All the bodily harm
and the actual body harm should be mentioned as it is important to mention that not only the
physical injury is being faced by the person but there has been identified a serious mental injury
too(McLaughlin, 2017). There has been implied that in all the nature and course the working of
the doctors and with that covering all the sexually transmitted diseases is necessary. The law
commission 2015 also applied that the disclosure of serious diseases or the sexually transmitted
disease are there by necessary as all the person will have to focus in that and there will have to be
given a proper detail about the HIV to the person. As not disclosing the disease will led to be a
crime for all the persons(Claessen, 2017).

Relevant Case laws
There are various case laws that has been conducted and are being enforced which
created changes in the law and all the reforms. As in the case R v. Miller the defendant and his
wife were both on a judicial separation period and in that time the defendant had sexual
intercourse with her and that was too against her will and when being asked said that there was
certain nervous conditions that has made him do that (Alldridge, 2017) . The court held that the
injury that is being assaulted and made to her and the seen that defendant was held liable for the
ABH i.e. the actual body harm. While there has been analysed that a new principle and the
reforms has been led out that there has be made a clear remark on what has to be counted in the
actual body harm that affect the hurt and the injury top the certain person(de Souza Dias, 2020).
There has been analysed that there is a need to amend certain marital rape clauses as that are
needed to be added as no person can there be seen that no person should be allowed to do any
intercourse without the person's will.
In DPP v Smith [1961] case there has been extensively seen and that as in the intention to
kill any person there is a need for a mens rea being available. As by the certain cases this has
been seen that all courts and there varies laws implies that grievous injury, injury and a serious
injury all carries out a proper emphasis and that covers out all the specification in the matter.
There has been analysed that all the matters which covers the Injury are most important and in
the act (Morton, 2020) .
Thus, OAPA needs to change with the change in the nature and the society there has been
seen that all the various remedies and the acts with some change in punishments are there by
being amended so as top generate and specify the type of harm a person is suffering. The ABH
actual body harm that has been faced by the person should be mentioned (Halalkhor Mirkola,
and et. al., 2021). The children should also be covered in order to make them safe. The the fines
and imprisonment should be carried away with the wider meaning as that of all the areas and
nature, by such acts and the society can be embraced in the better culture and the safer areas. The
reform there by covers the Assault in contrary to section 47, the malicious wounding or that of
grievous hurt through section 20 and wounding or even grievous body harm that can create a
grievous bodily harm to a person with contract of section 18 all these are being made to define
and describe in a proper manner and there has to be mentioned the detailed analysis in all the

areas that has to covered in methods and the ways the amendments and the commencements at
midst (Sadati, and et. al., 2020).
Case Scenario
In the case where, a boy named Peter was in the night club and was heavily drunk and he
was intoxicated at an extent in which he when came out from the club and roaming. Was caught
by the police officer as in order of intoxication and also because he is urinating in the street and
abusing heavily. When being caught by the police officer and was taken in the cell, he refused to
enter in it and said that the cell is dirt and he will not enter in it. By that when the police officer
forced him to enter in the cell he kicked him and that just hurt the head of police officer.
As when this has been seen all the person who there by does any crime is natively being
considered as a criminal and there by it enacted him in order to make them affected. The crimes
that are being considered has been taken on record and as analysed that all the person who is
being arrested has the rights that they will first get the knowledge of the reason for what purpose
they has been arrested and with that there family members will there by be informed (Steer,
2017). According to OAPA, the person will cover all the liability that enhance and frame them in
order to make the work and frame out all the areas through which that person has committed
certain offence (Aghaei, 2018).
While in this scenario there has been seen that according to OAPA and even after the
changes in the law reforms there has been analysed that According to section 34 and 36 no
person will have the right to hurt and harm the officer who is perform in there duty as according
to section 34 for obstructing clergyman in order to perform there duty will tend to make them for
a punishment of 2 years and with section 36 whoever tries to commit assault with the constable
will there by be imprisoned for the 2 years and with hard labour (de Souza Dias, 2018) .
The law reforms frames out that all the authority of the person to arrest the other in order
to doing certain crime is there duty and no person will there by be allowed to infringe certain
right. The Actual body harm or the injury that has been made to the another person son as to
make that person hurt will amount to be a crime (O'Neill, 2018) .
In all the methods OAPA imparts the areas through which they considers the methods
through which certain violation of rules can there by be framed (Donati, 2021). As this has been
focused that in certain offences where peter has the rights that they can at any time take all the
penal activities in which he will get the complete knowledge of being arrested and on the reason

buy there is no right to create any injury to the other person as in order to make such things that
will affect the criminal offences. The offence against the person Act 1861 have still enforced
laws in which there are punishment when the person implies to cause the injury to the public
servant (Baker and Robinson, 2020).
Conclusion
From this above report it is analysed that criminal law covers the body of law which
covers all the in jury harm and the nature of offence that has been done by any person in order to
harm the other. As in the change in the society there are varies bills being drafted and the law
commencement has made the reforms 2015 in order to make the necessary changes in the law
and make in up to the mark son as to give all the amendments which are required in the society.
The bodily injury, HIV and all the crimes relates to children are there by been required.

REFERENCES
Books and Journal
Aghaei, D., 2018. Using Cultural Criminology in Analysis Minor and Juvenile Delinquency by
Relay on Carnival, Adrenaline and Second Life Concepts. Journal of Criminal Law and
Criminology. 6(11). pp.191-214.
Aksenova, and et. al., 2019. Breaking the Cycle of Mass Atrocities: Criminological and Socio-
legal Approaches in International Criminal Law. Bloomsbury Publishing.
Alldridge, P., 2017. Criminal Justice and taxation. Oxford University Press.
Baker, D.J. and Robinson, P.H. eds., 2020. Artificial Intelligence and the Law: Cybercrime and
Criminal Liability. Routledge.
Beck, S., 2017, August. Google Cars, Software Agents, Autonomous Weapons Systems–New
Challenges for Criminal Law?. In Robotics, autonomics, and the law (pp. 227-252).
Nomos Verlagsgesellschaft mbH & Co. KG.
Claessen, J., 2017. Forgiveness in criminal law through incorporating restorative mediation.
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.
de Souza Dias, T., 2018. Recharacterisation of Crimes and the Principle of Fair Labelling in
International Criminal Law. International Criminal Law Review. 18(5). pp.788-821.
de Souza Dias, T., 2020. The Banality of Law: Reflections on The Oxford Handbook of
International Criminal Law. Journal of International Criminal Justice.
Donati, L.L., 2021. Artificial Intelligence in Criminal Courts: Opportunity or Threat?. In Legal
Challenges in the New Digital Age (pp. 160-175). Brill Nijhoff.
Eskauriatza, J.S., 2020. The jus post bellum as ‘integrity’–Transitional criminal justice, the ICC,
and the Colombian amnesty law. Leiden Journal of International Law, 33(1), pp.189-
205.
Halalkhor Mirkola, and et. al., 2021. Jurisprudential and Legal Principles and Rules
Corresponding to the Obtaining of Evidence in Iranian Criminal Law Emphasizing the
Procedure of the International Criminal Court. Critical Studies in Texts & Programs of
Human Sciences, 20(11), pp.177-196.
JB Bosworth, R., 2017. Paul Garfinkel, Criminal Law in Liberal and Fascist Italy.
McLaughlin, L., 2017. Evidence and criminal law: High court examines tendency evidence
in'Hughes v the Queen'. LSJ: Law Society of NSW Journal, (37), p.84.
Morton, L., 2020. Advanced Criminal Investigations: Skills and Techniques for Detectives in the
21st Century. Policing: A Journal of Policy and Practice.
Nikonov, P.V., 2019. The Basis for Criminalization of Illegal Remuneration in the Criminal Law
of Russia. Bull. Kazan L. Inst. MIA Russ.. 38. p.459.
Norrie, A., 2021. Taking Guilt Seriously. On Crime, Society, and Responsibility in the Work of
Nicola Lacey. p.119.
O'Neill, M., 2018. Key challenges in criminal investigation. Policy Press.
Sadati, and et. al., 2020. Mediation in Imamiyh Jurisprudence and Iranian Criminal Law. Studies
of Islamic Jurisprudence and Basis of Law.
Steer, C., 2017. A Comparative Theory of International Criminal Law. In Translating Guilt (pp.
51-81). TMC Asser Press, The Hague.