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Reform Law

Member rating: No Rating | Words: 860 | Submitted: Wed Jan 30 2008

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Critically analyze present law on non-fatal offences. The first observation that can be made about non-fatal offences is that they are not completely codified. The separate offences of assault and battery remain common law offences, although their separate nature was confirmed in the Criminal Justice Act 1988, s.39. But the more serious offences - assault occasioning actual bodily harm (ABH), wounding and inflicting grievous bodily harm (GBH), and causing GBH with intent - are considered in the Offences Against the Person Act 1861. The 1861 Act, even at the time of its passing into law, was rightly described as 'a rag-bag of offences' by its own draftsman, and it is now over 140 years old, the criticisms are even more acute. The language used to describe the various sections is now archaic: grievous bodily harm, which simply means serious harm; and assault occasioning actual bodily harm, which most commonly means some kind...

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