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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 that 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 (9 Geo. 4. c. 31) (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. The act was also adopted in British possessions. For example, New Zealand adopted the act in 1866.
In England and Wales, and in Northern Ireland, the sexual offences under the act have all been repealed. For legislation referring to sexual offences, see the Sexual Offences Act 2003 and the Sexual Offences (Northern Ireland) Order 2008. In Northern Ireland, the 1861 act was the basis for a ban on abortion until 2019 when it was amended by the Northern Ireland (Executive Formation etc) Act 2019.
The act as originally drafted listed specific methods whereby harm might be caused. For example, section 18 of the act originally included an offence of shooting which could be committed with any of the specified intents. Sections 11 to 15 of the act specified various means by which a person might attempt to commit murder.
In some cases, these reflected political issues then of great significance. For example, the Fenians were promoting their political case by leaving barrels of explosives in public places.[citation needed] Hence, sections 28 to 30 and 64 of the act specifically address the problem, whether injury results or not. Similarly, children were throwing stones at passing railway trains,[citation needed] and these provisions remain in force.
As originally enacted, the act had 79 sections.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.
In Ireland, as of 12 December 2023[update], sections 4, 5, 9, 10, 48, 57, 60 to 63, and 68 remain in force, of which only section 63 is unamended. Many repeals were under the Non-Fatal Offences Against the Person Act 1997 (a consolidation act) or the Criminal Law Act 1997 (which abolished penal servitude and the felony–misdemeanour distinction).
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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 that 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 (9 Geo. 4. c. 31) (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. The act was also adopted in British possessions. For example, New Zealand adopted the act in 1866.
In England and Wales, and in Northern Ireland, the sexual offences under the act have all been repealed. For legislation referring to sexual offences, see the Sexual Offences Act 2003 and the Sexual Offences (Northern Ireland) Order 2008. In Northern Ireland, the 1861 act was the basis for a ban on abortion until 2019 when it was amended by the Northern Ireland (Executive Formation etc) Act 2019.
The act as originally drafted listed specific methods whereby harm might be caused. For example, section 18 of the act originally included an offence of shooting which could be committed with any of the specified intents. Sections 11 to 15 of the act specified various means by which a person might attempt to commit murder.
In some cases, these reflected political issues then of great significance. For example, the Fenians were promoting their political case by leaving barrels of explosives in public places.[citation needed] Hence, sections 28 to 30 and 64 of the act specifically address the problem, whether injury results or not. Similarly, children were throwing stones at passing railway trains,[citation needed] and these provisions remain in force.
As originally enacted, the act had 79 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.
In Ireland, as of 12 December 2023[update], sections 4, 5, 9, 10, 48, 57, 60 to 63, and 68 remain in force, of which only section 63 is unamended. Many repeals were under the Non-Fatal Offences Against the Person Act 1997 (a consolidation act) or the Criminal Law Act 1997 (which abolished penal servitude and the felony–misdemeanour distinction).