What critisms would you make of the current law on non-fatal offences against the person?

Non-fatal discourtesys against the person include charge, assault and battery, actual corporal malign (ABH) and heavy(p) bodily harm (GBH) in its two forms. However, at that indue is no clear statutory definition for either assault or for battery, while definitions of the to a greater extent serious rudenesss are contained in an process passed back in 1861, with much of the vocabulary unstylish and crimson misleading. This shows that there is a gap in the indwelling law. Law complaint has likewise seen this as a occupation within the law and has produced a draft of a wicked Law standard to reform this area and create an offence that would cover this area. Apart from there not be a clear definition, the hierarchy of the offences potbelly too be criticised. The maximum sentence for assault and battery is 6 months imprisonment and s.47 fecal matter be 5 eld imprisonment. The just now real difference of opinion mingled with them is that actual bodily harm is caused- moreover ABH can destine as modest as causing discomfort to the person. excessively the s.20 offence is delimitate as a much more serious offence than s.47 however, they share the maximum sentence of 5 years imprisonment. other paradox with the sentencing on non-fatal offences against the person is that the only difference between s.20 and s.18 is arguably a slightly more serious mens rea and yet the maximum sentence leaps from five years to life imprisonment.

However, s.18 has the mens rea of transfer and only chance decides if the person survives and filet the defendant being charged with murder. The re are also problems with the law of non-fat! al offences against the person within domestic craze. This can be a problem because police approach to domestic violence is to avoid involvement. It may also be a problem cookting wives or girlfriends to curb evidence against their partners so... If you want to get a full essay, roam it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper