reforms

• what was the name of the consultation paper made by the 1998 home office to reform the OAPA 1861?


  Violence: Reforming the offences against the person act 1861
• what were the main 4 offences, and their clauses, of the 1998 home office consulation paper called

  'violence: Reforming the Offences Againstthe Person Act 186'

  ?

  Clause 1: Intentional serious injury

  Clause 2: Reckless serious injury

  Clause 3: Intentional or reckless injury

  Clause 4: Assault, applying force or causing another to fear force
• what did the law commission's report in 2015 reccomend in terms of the OAPA 1861?

  It reccomended replacing the Offences Against the Person Act 1861 with a 'comprehensive modern statute' that should provide a clear hierarchy of offences where language that is easy to understand is used and each element is set out explicitly.
• What is a clause 1 offence according to the Law Commissio’s report in 2015, and what sentence does it carry?

  an offence where the defendant intends to cause serious injury, it has a possibility of a life sentence.
• What is a clause 2 offence according to the law commission’s report in 2015, what possible sentence does it carry?

  where the defendant is reckless in causing someone injury, has a possible sentence of 7 years in prison
• What is aggravated assault according to the law commissio’s report in 2015, and what sentence does it carry?

  it is where the defendant is intentional or reckless in causing common assault, a crime of low level injuries. It has a sentence of 12 months.
• What is a clause 2 offence according to the law commission’s report in 2015, and what sentence does it carry ?

  it is where the defendant recklessly causes serious injury, it has a sentence of 7 years in prison.
• What is physical assault according to the law commission’s report in 2015, and what offence does it replace?

  where the defendant is intentional or reckless in touching someone, it replaces battery.
• What is the equivalent offence to assault made by the law commission’s report in 2015, what is it’s sentence?

  threatened assault, it has a sentence of 6 months in prison