New attempt to reform ‘archaic’ law

AN “ARCHAIC and obscure” piece of legislation which includes obsolete offences such as “impeding escape from a shipwreck” is to be placed under the spotlight by the Government’s law reform advisers.
By The Newsroom
Published 11th Nov 2014, 22:42 BST

Other offences listed under the Offences Against the Person Act 1861 include “not providing apprentices or servants with food” and “assaults with intent to obstruct the sale of grain”. Many attempts have been made to reform the 153-year-old Act, which also includes actual bodily harm (ABH) and grievous bodily harm (GBH), but to no avail, the Law Commission said.

There are almost 200,000 prosecutions each year under the legislation, the advisers said, but it remains “difficult to understand” and refers to concepts no longer recognised in law such as “felonies” and “misdemeanours”.

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In a far-reaching consultation, the Commission will ask whether the Act should be overhauled and if new offences dealing with minor injury, domestic violence and serious harm caused by transmitting infectious diseases should be included. The Commission said a lack of clear hierarchy in the legislation can lead to cases being dealt with in the Crown Court when they could be dealt with more appropriately and at less cost in the Magistrates’ Court.

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