Offences against the Person Act, 1861, Sections 18 & 20

Published date01 April 1948
Date01 April 1948
DOIhttp://doi.org/10.1177/0032258X4802100211
Subject MatterArticle
THE
POLICE
JOURNAL
the Peace Act, 1360, provides an alternative to any action which may be
taken,
but
it is possible
that
someone somewhere has found acomplete
answer, including
the
important power of arrest.
If
this is so it is
certain that the readers of THE
POLICE
JOURNAL
would be glad to know
of it.
COUNTY
C.LD.
Sections 18 &20
By
SERGEANT
E. M.
FEWTRELL
Bucks
County
Constabulary
THE fact
that
offences against sections 18 and
20
of the Offences
against the Person Act, 1861, are vastly different in their degrees
of gravity is unquestionable.
The
offence against section 18 is a
felony, punishable by penal servitude for life (the same punishment as
for attempted murder) and is triable only at the assizes. Section
20
creates amisdemeanour, triable summarily with consent (C. J. Act,
1925, section 24), and, even on indictment, punishable only with a
maximum of 5 years' penal servitude.
Nevertheless it is generally accepted by a number of police officers
that the law provides, in these two sections, a form of alternative
charge and that the magistrates may decide, perhaps on the evidence
adduced as to
the
gravity of any physical injury caused, which charge
is to sustain. Some go so far as to regard it convenient for purposes
of
arrest to charge the offender with the felony and subsequently add
the misdemeanour, although Christie v. Leachinsky, 63
T.L.R.
231
(see THE
POLICE
JOURNAL,
Vol. XX,
NO.3)
may make advocates of
this procedure alittle wary.
By examining section 18 in some detail, it may be possible to
explode these theories and to point out
that
the
two sections provide,
in fact, quite different offences. At the outset it should be pointed out
that
the gravity of
the
felony lies in the intent with which
the
act is
done and
that
an unlawful injury, however serious, which is caused
unintentionally, will not be punishable under section 18.
This
section
reads:
"Whosoever
shall unlawfully and maliciously, by any means
whatsoever, wound or cause any grievous bodily harm to any person
or shoot at any person or by drawing atrigger, or in any other manner,
attempt to discharge any kind of loaded arms at any person, with
intent, in any of the cases aforesaid, to maim, disfigure, or disable any
person, or to do some other grievous bodily harm to any person, or

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT