Should We Reform the Offences Against the Person Act 1861?

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 governing 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 Many offences have been time restricted, with only judicial interpretation available to tackle this outdated legislation.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.