Understanding the Offences Against the Person Act 1861

When people hear the term "offences against the person," they often think of violent crimes. While that’s true to an extent, the Offences Against the Person Act 1861 (OAPA) covers a range of offences, from minor assaults to serious bodily harm. As a criminal defence lawyer, I regularly advise clients on what these offences mean (usually when they are accused of one) and how the law applies in practice. Here’s my snapshot breakdown of the key offences under the Act.

Common Assault and Battery - Sections 39 & 47

Although technically part of the Criminal Justice Act 1988, common assault and battery are often discussed alongside OAPA offences.

• Assault occurs when someone causes another person to fear immediate unlawful violence. Importantly no physical contact is necessary.
• Battery involves actual physical contact, such as pushing or slapping someone.

Interesting fact, spitting on someone in England is considered a crime and is classified as assault, specifically falling under the category of "battery" under the Criminal Justice Act 1988; meaning deliberately spitting on someone constitutes an unlawful application of force, making it a criminal offence.

Even minor incidents can lead to criminal charges, and I often tell clients that even a raised fist without contact can be enough to constitute assault and end up in your arrest and a trip to the police station.

Actual Bodily Harm (ABH) - Section 47

ABH is more serious than common assault. The injury must be more than just minor discomfort. This means that things like cuts, bruises, or psychological harm can all count. If an assault causes any injury, no matter how small, a charge of ABH may follow.

Grievous Bodily Harm (GBH) - Sections 20 & 18

This is where we start getting into serious territory. GBH is defined as really serious harm, such as broken bones, significant wounds, or permanent injuries. The law divides GBH into two categories:

• Section 20 is GBH without intent, which is where someone causes serious harm but didn’t intend to cause that level of injury.
• Section 18 is GBH with intent which is the most serious non-fatal offence under the Act. If someone deliberately inflicts serious injury, they can face a lengthy prison sentence.

I always remind clients that intent makes a huge difference in their case and the likely consequences that will follow if found guilty. Accidentally injuring someone seriously is not the same as doing it deliberately.

Wounding Under Sections 20 & 18

GBH (mentioned above) and wounding often overlap, but wounding specifically refers to an injury that breaks the skin. This can include stabbings or deep cuts. Like GBH, it falls under Section 20 (without intent) and Section 18 (with intent).

Threats to Kill Under Section 16

This comes up a lot, and it’s not just about physical harm. Making credible threats to kill someone can lead to a charge under Section 16. The Crown Prosecution Service must prove that the threat was intended to cause fear or was likely to be taken seriously. Be careful what you say in the heat of the moment, as it could lead to your arrest

What you Should Take Away

The Offences Against the Person Act 1861 remains one of the most important pieces of legislation in criminal law, despite being over 160 years old. Whether someone is facing minor assault charges or serious GBH allegations, understanding the law is critical to a defence.

I always advise my clients to take any accusation seriously regardless of if it may seem like a small altercation as it can quickly escalate into a charge carrying significant penalties. If you or someone you know is dealing with an allegation under the OAPA, legal advice is a must.

Let me know your thoughts or get in touch if you’d like to discuss this further!