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Evidential value of certain certificates signed by medical practitioners. 25.—(1) In any proceedings for an offence alleging the causing of harm or serious harm to a person, the production of a certificate purporting to be signed by a registered medical practitioner and relating to an examination of that person, shall unless the contrary is proved, be evidence of any fact thereby certified.
Answer: Introduction There have been numerous offences against the person involving non-fatal as well as non-sexual injury to a victim, most of which are contrary to the Offence Against the Person Act 1861 (OAPA 1861). This essay will discuss the defence of consent as it applies to the main non-fatal offences against the person, namely assault and battery and the aggravated assaults under ss.
Non-fatal offences against the person are offences that are criminal in nature but do not cause a fatal injury to the person once inflicted. When discussing the extent to which the non-fatal offences can be criticised, the starting point is the establish the law that governs these offences.
Question number or Title: Non-fatal offences against the person, as set out in the Offences Against the Person Act 1861, represents “a ragbag of offences brought together form a wide variety of sources with no attempt, as the draftsman frankly acknowledged, to introduce consistency as to substance or as to form” (Prof JC Smith, 1991).
Law: Non- Fatal Offences Mind Map by akitcher98, updated more than 1 year ago More Less Created by akitcher98 about 4 years ago 9 0 0 Description. Mind map for non-fatal essay question for both LAW02 and LAW03 offences against the persons act 1861; common law offences.
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Critical Evaluation of Non Fatal Offences Against the Person Essay 1070 Words 5 Pages Critical Evaluation of Non Fatal Offences Against the Person Firstly, the language used in the Offences Against the Person Act (OAP Act) 1861 has been criticised for being antiquated, unclear and out-of-date.
The non - fatal offences include assault and battery from section 39 of The Criminal and Justice Act 1988, actual bodily harm (ABH) from s47, grievous bodily harm and wounding from both section 20 and 18 from Offences Against the Persons 1861. It is extremely obvious that the law on these offences are in dire need of reform.
Non-fatal offences against the person are assault, battery, assault or battery occasioning actually bodily harm (ABH), malicious wounding and Grievous Bodily Harm (GBH) with intent. The first two offences are defined in the Criminal Justice Act 1988, with the remainder being found in the Offences Against the Person Act 1861.
Criticism of proposals The Draft Bill has received much criticism which has lead to a lack of progress in its introduction and means it has not been enacted. The Law Commission There is also concern that the proposals have still not been adopted and the law remains unsatisfactory.
There are currently no known outstanding effects for the Offences Against the Person Act 1861. Changes to Legislation. Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the.
This reform will mean that all the non-fatal offences are found in one place, making the law more concise and thereof easier for the jury to understand and apply. The second criticism of the law is that the language used in the non-fatals is antiquated and often misleading.
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