Should We Reform the Offences Against the Person Act 1861?
| Author | Alexandra-Maria Eugenicos |
| DOI | 10.1177/0022018316685478 |
| Published date | 01 February 2017 |
| Date | 01 February 2017 |
| Subject Matter | Comments |
Comment
Should We Reform the Offences
Against the Person Act 1861?
Alexandra-Maria Eugenicos
BPTC student at City Law School, London, UK
Abstract
In this article, I consider the non-fatal offences central to our criminal justice system and why
the proposed reform would increase much needed efficiency and clarity. The legislation gov-
erning these offences is over 150 years old and Modern society has evolved since the Victorian
era. Many offences have been time restricted, with only judicial interpretation available to
tackle this outdated legislation. Another issue is the flawed hierarchy of offences, with an
increasing number of litigants-in-person compounded with economic inefficiencies within the
system, urgent reform is necessary. Practitioners and academics from various strata have
clamoured for reform, one complaint being that the archaic language has created unnecessary
procedural complexity. There are also economic arguments for reform, making elements of an
offence more clear and succinct could bring many cases in the Crown Court down to the
cheaper Magistrates’ Court. Reform would increase cost and time efficiency.
The Law Commission and the Home Office have attempted to discuss OAPA reform for
over a decade. However, there has been relative silence on this issue from the Ministry of
Justice. There is political difficulty which inevitably surrounds any reform of the Criminal Law
and others less enthused by reform are discussed. However, it is in the public interest that the
piece of legislation affecting the lives of many is efficient and does not alienate anyone to whom
it is applicable. The transmission of disease in the context of non-fatal offences is another topic
that is discussed within the article.
Keywords
Offences Against the Person Act, non-fatal offences reform, sentencing, assault, criminal
legislation
Background
The controversial and much-debated issue of the Offences Against the Person Act 1861 (OAPA) will be
re-examined as an example of outdated legislation in need of reform. Since the 1980s there have been six
Corresponding author:
Alexandra-Maria Eugenicos, BPTC student at City Law School, London, UK.
E-mail: en201ae@gold.ac.uk
The Journal of Criminal Law
2017, Vol. 81(1) 26–32
ªThe Author(s) 2017
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DOI: 10.1177/0022018316685478
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