Offences Against the Person Act 1861

Offences Against the Person Act 1861
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HE
IRCUMCISION
EFERENCE
IBRARY
[CIRP Note: This file contains the text of
the British Offences Against the Person Act 1861, which, as
the title indicates, was enacted into law by Parliament in
1861. It has been extensively amended by later enactments and
large sections have been either deleted or replaced by later
acts of Parliament. The deletions are indicated by ellipses:
[. . .]. This act is effective in England, Wales, and
Northern Ireland. Scotland has a separate body of law.
Several legal commentators have argued that non-therapeutic
male circumcison violates portions of this criminal law and
that no consent can be given for a criminal act. This
reasoning is based on the case of
R v Brown
[1993]
. Sections
20
and
47
remain in effect and are cited by
their Lordships.]
Offences against the
Person Act 1861
Page 1
Offences against the Person Act
1861
1861 (24 and 25 Vict. C. 100)
Sweet & Maxwell Ltd.
UK Statutes Crown Copyright. Reproduced by
permission of the Controller of Her Majesty's
Stationery Office.
An Act to consolidate and amend the Statute Law of
England and Ireland relating to Offences against the
Person.
[6th August 1861]
Homicide
1. […]
2. […]
3. […]
4. Conspiring or soliciting to commit
murder.
[…]
whosoever shall solicit,
encourage, persuade, or endeavour to persuade, or shall
propose to any person, to murder any other person,
whether he be a subject of Her Majesty or not, and
whether he be within the Queen's dominions or not, shall
be guilty of a misdemeanor, and being convicted thereof
shall be liable
[…]
to
imprisonment for life
[…]
5. Manslaughter.
Whosoever shall
be convicted of manslaughter shall be liable, at the
discretion of the court, to be kept in penal servitude
for life
[…]
6. […]
7. […]
10
Repealed by Murder (Abolition of Death Penalty)
Provisions) Act 1973 (c. 53), s. 31(6), Sch. 5
Repealed by Homicide Act 1957 (c. 11), Sch.
Repealed by Homicide Act 1957 (c. 11), Sch.
Words repealed by Criminal Law Act 1977 (c. 45),
Sch. 13
Words repealed by Statute Law Revision Act 1892
(c. 19)
Words substituted by Criminal Law Act 1977 (c.
45), s. 5(10)(b)
Words repealed by Statute Law Revision Act 1892
(c. 19)
Words repealed by Statute Law Revision Act 1892
(c. 19) and Criminal Justice Act 1948 (c. 58), Sch. 10 Pt.
Repealed by Indictments Act 1915 (c. 90), Sch.
10
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. I
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 2
8. […]
11
9. Murder or manslaughter
abroad.
Where any murder or manslaughter shall be committed on
land out of the United Kingdom, whether within the
Queen's dominions or without, and whether the person
killed were a subject of Her Majesty or not, every
offence committed by any subject of Her Majesty in
respect of any such case, whether the same shall amount
to the offence of murder or of manslaughter,
[…]
12
, may be dealt with,
inquired of, tried, determined, and punished
[…]
13
in England or Ireland
[…]
14
Provided, that nothing
herein contained shall prevent any person from being
tried in any place out of England or Ireland for any
murder or manslaughter committed out of England or
Ireland, in the same manner as such person might have
been tried before the passing of this Act.
10. Provision for the trial of murder
and manslaughter where the death or cause of death only
happens in England or Ireland.
Where any person being
criminally
15
stricken, poisoned, or otherwise hurt
upon the sea, or at any place out of England or Ireland,
shall die of such stroke, poisoning, or hurt in England
or Ireland, or, being
criminally
16
stricken,
poisoned, or otherwise hurt in any place in England or
Ireland, shall die of such stroke, poisoning, or hurt
upon the sea, or at any place out of England or Ireland,
every offence committed in respect of any such case,
whether the same shall amount to the offence of murder or
of manslaughter,
[…]
17
may be
dealt with, inquired of, tried, determined, and punished
[…]
18
in England or Ireland
[…]
19
11. […]
20
12. […]
21
13. […]
22
14. […]
23
15. […]
24
11
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
12
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
13
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
14
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
15
Word substituted by Criminal Law Act 1967 (c.
58), Sch. 2 para. 6
16
Word substituted by Criminal Law Act 1967 (c.
58), Sch. 2 para. 6
17
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
18
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
19
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III>
20
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
21
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
22
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
23
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
24
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 3
Letters threatening to
murder
[16 Threats to Kill
A person who without lawful excuse makes to another a
threat, intending that that other would fear it would be
carried out, to kill that other or a third person shall
be guilty of an offence and liable on conviction on
indictment to imprisonment for a term not exceeding ten
years.
25
Acts causing or tending to cause
Danger to Life or Bodily Harm
17. Impeding a person endeavouring to
save himself from shipwreck.
Whosoever shall unlawfully and maliciously prevent or
impede any person, being on board of or having quitted
any ship or vessel which shall be in distress, or
wrecked, stranded, or cast on shore, in his endeavour to
save his life, or shall unlawfully and maliciously
prevent or impede any person in his endeavour to save the
life of any such person as in this section first
aforesaid, shall be guilty of felony, and being convicted
thereof shall be liable
[…]
26
to
be kept in penal servitude for life
[…]
27
18. Shooting or attempting to shoot,
or wounding with intent to do grievous bodily
harm.
Whosoever shall unlawfully and maliciously by any means
whatsoever wound or cause any grievous bodily harm to any
person,
[…]
28
with intent,
[…]
29
to do some
[…]
30
grievous bodily harm to any person, or
with intent to resist or prevent the lawful apprehension
or detainer of any person, shall be guilty of felony, and
being convicted thereof shall be liable
[…]
31
to be kept in penal servitude for life
[…]
32
19. […]
33
20.
Inflicting bodily injury, with or without
weapon.
Whosoever shall unlawfully and maliciously wound or
inflict any grievous bodily harm upon any other person,
either with or without any weapon or instrument, shall be
guilty of a misdemeanor, and being convicted thereof
shall be liable
[…]
34
to be
kept in penal servitude
[…]
35
25
S. 16 substituted by Criminal Law Act 1977
(c.45),Sch. 12
26
Words repealed by Statute Law Revision (No. 2)
Act 1893 (c. 54)
27
Words repealed by Statute Law Revision Act 1892
(c. 19) and Statute Law Revision (No. 2) Act 1893 (c.
54)
28
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
29
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
30
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
31
Words repealed by Statute Law Revision (No. 2)
Act 1893 (c. 54)
32
Words repealed by Statute Law Revision Act 1892
(c. 19) and Statute Law Revision (No. 2) Act 1893 (c.
54)
33
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
34
Words repealed by Statute Law Revision Act 1892
(c. 19)
35
Words repealed by Statute Law Revision Act 1892
(c. 19)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 4
21. Attempting to choke, &c. in
order to commit any indictable offence.
Whosoever shall, by any means whatsoever, attempt to
choke, suffocate, or strangle any other person, or shall
by any means calculated to choke, suffocate, or strangle,
attempt to render any other person insensible,
unconscious, or incapable of resistance, with intent in
any of such cases thereby to enable himself or any other
person to commit, or with intent in any of such cases
thereby to assist any other person in committing, any
indictable offence, shall be guilty of felony, and being
convicted thereof shall be liable
[…]
36
to be kept in penal servitude for life
[…]
37
22. Using chloroform, &c. to
commit any indictable offence.
Whosoever shall unlawfully apply or administer to or
cause to be taken by, or attempt to apply or administer
to or attempt to cause to be administered to or taken by,
any person, any chloroform, laudanum, or other stupefying
or overpowering drug, matter, or thing, with intent in
any of such cases thereby to enable himself or any other
person to commit, or with intent in any of such cases
thereby to assist any other person in committing, any
indictable offence, shall be guilty of felony, and being
convicted thereof shall be liable
[…]
38
to be kept in penal servitude for life
[…]
39
23. Maliciously administering poison,
&c. so as to endanger life or inflict grievous bodily
harm.
Whosoever shall unlawfully and maliciously administer to
or cause to be administered to or taken by any other
person any poison or other destructive or noxious thing,
so as thereby to endanger the life of such person, or so
as thereby to inflict upon such person any grievous
bodily harm, shall be guilty of felony, and being
convicted thereof shall be liable
[…]
40
to be kept in penal servitude for any
term not exceeding ten years
[…]
41
24. Maliciously administering poison,
&c. with intent to injure, aggrieve, or annoy any
other person.
Whosoever shall unlawfully and maliciously administer to
or cause to be administered to or taken by any other
person any poison or other destructive or noxious thing,
with intent to injure, aggrieve, or annoy such person,
shall be guilty of a misdemeanor, and being convicted
thereof shall be liable
[…]
42
to be kept in penal servitude
[…]
43
25. If the jury be not satisfied that
any person charged is guilty of felony, but guilty of
misdemeanor they may find him guilty
accordingly.
If, upon the trial of any person for any felony in the
last but one preceding section mentioned, the jury shall
not be satisfied that such person is guilty thereof, but
shall be satisfied that he is guilty
36
Words repealed by Statute Law Revision Act 1892
(c. 19)
37
Words repealed by Statute Law Revision Act 1892
(c. 19)
38
Words repealed by Statute Law Revision Act 1892
(c. 19)
39
Words repealed by Statute Law Revision Act 1892
(c. 19)
40
Words repealed by Statute Law Revision Act 1892
(c. 19)
41
Words repealed by Statute Law Revision Act 1892
(c. 19)
42
Words repealed by Statute Law Revision Act 1892
(c. 19)
43
Words repealed by Statute Law Revision Act 1892
(c. 19) and Statute Law Revision (No. 2) Act 1893 (c.
54)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 5
of any misdemeanor in the last preceding
section mentioned, then and in every such case the jury
may acquit the accused of such felony, and find him
guilty of such misdemeanor, and thereupon he shall be
liable to be punished in the same manner as if convicted
upon an indictment for such misdemeanor.
26. Not providing apprentices or
servants with food, &c. whereby life is
endangered.
Whosoever, being legally liable, either as a master or
mistress, to provide for any apprentice or servant
necessary food, clothing, or lodging, shall wilfully and
without lawful excuse refuse or neglect to provide the
same, or shall unlawfully and maliciously do or cause to
be done any bodily harm to any such apprentice or
servant, so that the life of such apprentice or servant
shall be endangered, or the health of such apprentice or
servant shall have been or shall be likely to be
permanently injured, shall be guilty of a misdemeanor,
and being convicted thereof shall be liable
[…]
44
to be kept in penal servitude
[…]
45
27. Exposing children whereby life is
endangered.
Whosoever shall unlawfully abandon or expose any child,
being under the age of two years, whereby the life of
such child shall be endangered, or the health of such
child shall have been or shall be likely to be
permanently injured, shall be guilty of a misdemeanor,
and being convicted thereof shall be liable
[…]
46
to be kept in penal servitude
[…]
47
28. Causing bodily injury by
gunpowder.
Whosoever shall unlawfully and maliciously, by the
explosion of gunpowder or other explosive substance,
burn, maim, disfigure, disable, or do any grievous bodily
harm to any person, shall be guilty of felony, and being
convicted thereof shall be liable, at the discretion of
the court to be kept in penal servitude for life
[…]
48
or to be imprisoned
[…]
49
29. Causing gunpowder to explode, or
sending to any person an explosive substance, or throwing
corrosive fluid on a person, with intent to do grievous
bodily harm.
Whosoever shall unlawfully and maliciously cause any
gunpowder or other explosive substance to explode, or
send or deliver to or cause to be taken or received by
any person any explosive substance or any other dangerous
or noxious thing, or put or lay at any place, or cast or
throw at or upon or otherwise apply to any person, any
corrosive fluid or any destructive or explosive
substance, with intent in any of the cases aforesaid to
burn, maim, disfigure, or disable any person, or to do
some grievous bodily harm to any person, shall, whether
any bodily injury be effected or
44
Words repealed by Statute Law Revision Act 1892
(c. 19)
45
Words repealed by Statute Law Revision Act 1892
(c. 19) and Statute Law Revision (No. 2) Act 1893 (c.
54)
46
Words repealed by Statute Law Revision Act 1892
(c. 19)
47
Words repealed by Statute Law Revision Act 1892
(c. 19) and Statute Law Revision (No. 2) Act 1893 (c.
54)
48
Words repealed by Statute Law Revision Act 1892
(c. 19)
49
Words repealed by Statute Law Revision Act 1892
(c. 19) and Statute Law Revision (No. 2) Act 1893 (c.
54)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 6
not, be guilty of felony, and being
convicted thereof shall be liable, at the discretion of
the court, to be kept in penal servitude for life
[…]
50
or to be imprisoned
[…]
51
30. Placing gunpowder near a
building, with intent to do bodily injury to any
person.
Whosoever shall unlawfully and maliciously place or
throw in, into, upon, against, or near any building,
ship, or vessel any gunpowder or other explosive
substance, with intent to do any bodily injury to any
person, shall, whether or not any explosion take place,
and whether or not any bodily injury be effected, be
guilty of felony, and being convicted thereof shall be
liable, at the discretion of the court, to be kept in
penal servitude for any term not exceeding fourteen years
[…]
52
or to be imprisoned
[…]
53
31. Setting spring guns, &c.,
with intent to inflict grievous bodily harm.
Whosoever shall set or place, or cause to be set or
placed, any spring gun, man trap, or other engine
calculated to destroy human life or inflict grievous
bodily harm, with the intent that the same or whereby the
same may destroy or inflict grievous bodily harm upon a
trespasser or other person coming in contact therewith,
shall be guilty of a misdemeanor, and being convicted
thereof shall be liable
[…]
54
to be kept in penal servitude
[…]
55
; and whosoever shall knowingly and
wilfully permit any such spring gun, man trap, or other
engine which may have been set or placed in any place
then being in or afterwards coming into his possession or
occupation by some other person to continue so set or
placed, shall be deemed to have set and placed such gun,
trap, or engine with such intent as aforesaid:
Provided, that nothing in this
section contained shall extend to make it illegal to set
or place any gin or trap such as may have been or may be
usually set or placed with the intent of destroying
vermin:
Provided also, that nothing in this
section shall be deemed to make it unlawful to set or
place, or cause to be set or placed, or to be continued
set or placed, from sunset to sunrise, any spring gun,
man trap, or other engine which shall be set or placed,
or caused or continued to be set or placed, in a dwelling
house, for the protection thereof.
32. Placing wood, &c., on a
railway, with intent to endanger passengers.
Whosoever shall unlawfully and maliciously put or throw
upon or across any railway any wood, stone, or other
matter or thing, or shall unlawfully and maliciously take
up, remove, or displace any rail, sleeper, or other
matter or thing belonging to any railway, or shall
unlawfully and maliciously turn, move, or divert any
points or other machinery belonging to any railway, or
shall unlawfully and maliciously make or show, hide or
remove, any signal or light upon or near to any
50
Words repealed by Statute Law Revision Act 1893
(c. 14)
51
Words repealed by Statute Law Revision Act 1893
(c. 14), Statute Law Revision (No. 2) Act 1893 (c. 54) and
Criminal Justice Act 1948 (c. 58), Sch. 10 Pt.
52
Words repealed by Statute Law Revision Act 1892
(c. 19)
53
Words repealed by Statute Law Revision Act 1893
(c. 14), Statute Law Revision (No. 2) Act 1893 (c. 54) and
Criminal Justice Act 1948 (c. 58), Sch. 10 Pt.
54
Words repealed by Statute Law Revision Act 1892
(c. 19)
55
Words repealed by Statute Law Revision Act 1892
(c. 19)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 7
railway, or shall unlawfully and
maliciously do or cause to be done any other matter or
thing, with intent, in any of the cases aforesaid, to
endanger the safety of any person travelling or being
upon such railway, shall be guilty of felony, and being
convicted thereof shall be liable, at the discretion of
the court, to be kept in penal servitude for life
[…]
56
or to be imprisoned
[…]
57
33. Casting stone, &c. upon a
railway carriage, with intent to endanger the safety of
any person therein.
Whosoever shall unlawfully and maliciously throw, or
cause to fall or strike, at, against, into, or upon any
engine, tender, carriage, or truck used upon any railway,
any wood, stone, or other matter or thing, with intent to
injure or endanger the safety of any person being in or
upon such engine, tender, carriage, or truck, or in or
upon any other engine, tender, carriage, or truck of any
train of which such first-mentioned engine, tender,
carriage, or truck shall form part, shall be guilty of
felony, and being convicted thereof shall be liable
[…]
58
to be kept in penal
servitude for life
[…]
59
34. Doing or omitting anything to
endanger passengers by railway.
Whosoever, by any unlawful act, or by any wilful
omission or neglect, shall endanger or cause to be
endangered the safety of any person conveyed or being in
or upon a railway, or shall aid or assist therein, shall
be guilty of a misdemeanor, and being convicted thereof
shall be liable, at the discretion of the court, to be
imprisoned for any term not exceeding two years,
[…]
60
35. Drivers of carriages injuring
persons by furious driving.
Whosoever, having the charge of any carriage or vehicle,
shall by wanton or furious driving or racing, or other
wilful misconduct, or by wilful neglect, do or cause to
be done any bodily harm to any person whatsoever, shall
be guilty of a misdemeanor, and being convicted thereof
shall be liable, at the discretion of the court, to be
imprisoned for any term not exceeding two years,
[…]
61
Assaults
36. Obstructing or assaulting a
clergyman or other minister in the discharge of his
duties.
Whosoever shall, by threats or force, obstruct or
prevent or endeavour to obstruct or prevent, any
clergyman or other minister in or from celebrating divine
service or otherwise officiating in any church, chapel,
meeting house, or other place of divine worship, or in or
from the performance of his duty in the lawful burial of
the dead in any churchyard or other burial place, or
shall strike or offer any violence to, or shall, upon any
civil process, or under the pretence of executing any
civil
56
Words repealed by Statute Law Revision Act 1892
(c. 19)
57
Words repealed by Statute Law Revision Act 1892
(c. 19) and Criminal Justice Act 1948 (c. 58), Sch. 10 Pt.
58
Words repealed by Statute Law Revision Act 1892
(c. 19)
59
Words repealed by Statute Law Revision Act 1892
(c. 19)
60
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
61
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 8
process, arrest any clergyman or other
minister who is engaged in, or to the knowledge of the
offender is about to engage in, any of the rites or
duties in this section aforesaid, or who to the knowledge
of the offender shall be going to perform the same or
returning from the performance thereof, shall be guilty
of a misdemeanor, and being convicted thereof shall be
liable, at the discretion of the court, to be imprisoned
for any term not exceeding two years,
[…]
62
37. Assaulting a magistrate, &c.
on account of his preserving wreck.
Whosoever shall assault and strike or wound any
magistrate, officer, or other person whatsoever lawfully
authorized, in or on account of the exercise of his duty
in or concerning the preservation of any vessel in
distress, or of any vessel, goods, or effects wrecked,
stranded, or cast on shore, or lying under water, shall
be guilty of a misdemeanor, and being convicted thereof
shall be liable
[…]
63
to be
kept in penal servitude for any term not exceeding seven
years
[…]
64
38. Assault with intent to commit
felony, or on peace officers, &c.
Whosoever […]
65
shall assault any
person with intent to resist or prevent the lawful
apprehension or detainer of himself or of any other
person for any offence, shall be guilty of a misdemeanor,
and being convicted thereof shall be liable, at the
discretion of the court, to be imprisoned for any term
not exceeding two years,
[…]
66
39. Assaults with intent to obstruct
the sale of grain, or its free passage.
Whosoever shall beat, or use any violence or threat of
violence to any person, with intent to deter or hinder
him from buying, selling, or otherwise disposing of, or
to compel him to buy, sell, or otherwise dispose of, any
wheat or other grain, flour, meal, malt, or potatoes, in
any market or other place, or shall beat or use any such
violence or threat to any person having the care or
charge of any wheat or other grain, flour, meal, malt, or
potatoes, whilst on the way to or from any city, market
town, or other place, with intent to stop the conveyance
of the same, shall on conviction thereof before two
justices of the peace be liable to be imprisoned
[…]
67
in the common gaol or
house of correction for any term not exceeding three
months:
Provided, that no person who shall be
punished for any such offence by virtue of this section
shall be punished for the same offence by virtue of any
other law whatsoever.
[...
[68]
69
40. Assaults on seamen,
&c.
Whosoever shall unlawfully and with force hinder or
prevent any seaman, keelman, or caster from working at or
exercising his lawful trade, business, or occupation, or
shall beat or use any violence to any such person with
intent to hinder or prevent him from working at or
exercising the same,
62
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
63
Words repealed by Statute Law Revision Act 1892
(c. 19)
64
Words repealed by Statute Law Revision Act 1892
(c. 19)
65
Words repealed by Police Act 1964 (c. 48), Sch.
10 Pt. I and Criminal Law Act 1967 (c. 58), Sch. 3 Pt.
III
66
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
67
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
68
In relation to England and Wales: s. 39 is
repealed.
69
Repealed by Statute Law (Repeals) Act 1989 (c.
43), s. 1(1), Sch.1 Pt. I
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 9
shall on conviction thereof before two
justices of the peace be liable to be imprisoned
[…]
70
in the common gaol or
house of correction for any term not exceeding three
months:
Provided, that no person who shall be
punished for any such offence by reason of this section
shall be punished for the same offence by virtue of any
other law whatsoever.
[...
[71]
72
41. […]
73
42. Persons committing any common
assault or battery may be imprisoned or compelled by two
magistrates to pay fine and costs not exceeding
5l.
Where any person shall unlawfully assault or beat any
other person, two justices of the peace, upon complaint
by or on behalf of the party aggrieved, may hear and
determine such offence, and the offender shall, upon
conviction thereof before them, at the discretion of the
justices, either be committed to the common gaol or house
of correction, there to be imprisoned,
[…]
74
for any term not
exceeding two months, or else shall forfeit and pay such
fine as shall appear to them to be meet, not exceeding,
together with costs (if ordered), the sum of
£200
75
, and if
such fine as shall be so awarded, together with the costs
(if ordered), shall not be paid, either immediately after
the conviction or within such period as the said justices
shall at the time of the conviction appoint, they may
commit the offender to the common gaol or house of
correction, there to be imprisoned,
[…]
76
for any term not exceeding two months,
unless such fine and costs be sooner paid.
[...
[77]
78
43. Persons convicted of aggravated
assaults on females and boys under fourteen years of age
may be imprisoned or fined.
When any person shall be charged before two justices of
the peace with an assault or battery upon any male child
whose age shall not in the opinion of such justices
exceed fourteen years, or upon any female, either upon
the complaint of the party aggrieved or otherwise, the
said justices, if the assault or battery is of such an
aggravated nature that it cannot in their opinion be
sufficiently punished under the provisions herein before
contained as to common assaults and batteries, may
proceed to hear and determine the same in a summary way,
and, if the same be proved, may convict the person
accused; and every such offender shall be liable to be
imprisoned in the common gaol or house of correction,
[…]
79
for any period not
exceeding six months, or to pay a fine not exceeding
(together with costs) the sum of
[£500]
80
and in default of
payment to be imprisoned
70
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
71
In relation to England and Wales: s. 40 is
repealed.
72
Repealed by Statute Law (Repeals) Act 1989 (c.
43), s. 1(1), Sch.1 Pt. I
73
Repealed by the Act 34 & 35 Vict. c. 32,
Sch.1
74
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
75
Words substituted by Criminal Law Act 1977 (c.
45), Sch. 6
76
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
77
In relation to England and Wales: s. 42 is
repealed.
78
Repealed by Criminal Justice Act 1988 (c. 33),
s. 170, Sch. 8 para. 16, Sch. 16
79
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
80
Words substituted by Criminal Law Act 1977 (c.
45), Sch. 6
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 10
in the common gaol or house of
correction for any period not exceeding six months,
unless such fine and costs be sooner paid
[…]
81
[...
[82]
83
44. If the magistrates dismiss the
complaint, they shall make out a certificate to that
effect.
If the justices, upon the hearing of any case of assault
or battery upon the merits, where the complaint was
preferred by or on behalf of the party aggrieved, shall
deem the offence not to be proved, or shall find the
assault or battery to have been justified, or so trifling
as not to merit any punishment, and shall accordingly
dismiss the complaint, they shall forthwith make out a
certificate
[…]
84
stating the
fact of such dismissal, and shall deliver such
certificate to the party against whom the complaint was
preferred.
45. Certificate or conviction shall
be a bar to any other proceedings.
If any person against whom any such complaint as
in section 44 of this Act
85
shall have been preferred by or on the behalf of the
party aggrieved shall have obtained such certificate, or,
having been convicted, shall have paid the whole amount
adjudged to be paid, or shall have suffered the
imprisonment
[…]
86
awarded, in
every such case he shall be released from all further or
other proceedings, civil or criminal, for the same
cause.
46. […]
87
47.
Assault occasioning bodily harm. Common
assault.
Whosoever shall be convicted upon an indictment of any
assault occasioning actual bodily harm shall be liable
[…]
88
to be kept in penal
servitude
[…]
89
[…]
90
48. […]
91
49. […]
92
50. […]
93
51. […]
94
81
Words repealed by Criminal Justice Act 1925 (c.
86), Sch. 3
82
In relation to England and Wales: s. 43 is
repealed.
83
Repealed by Criminal Justice Act 1988 (c. 33),
s. 170, Sch. 8 para. 16, Sch. 16
84
words repealed by Courts Act 2003 c. 39 Sch. 10
para. 1
85
Words substituted by Criminal Justice Act 1988
(c.33), s. 170, Sch. 8 para. 16, Sch. 15 para.
86
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1(2)
87
Repealed by Criminal Justice Act 1988 (c.33), s.
170, Sch. 8 para. 16, Sch. 16
88
Words repealed by Statute Law Revision Act 1892
(c. 19)
89
Words repealed by Statute Law Revision Act 1892
(c. 19)
90
Words repealed by Criminal Justice Act 1988
(c.33), ss. 123(6), 170, Sch. 8 para. 16, Sch.
16
91
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
92
Repealed by Criminal Law Amendment Act 1885 (c.
69), Sch.1
93
Repealed by Offences against the Person Act 1875
(c. 94), s. 2
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 11
52. […]
95
53. […]
96
54. […]
97
55. […]
98
Child-stealing
56. Child-stealing.
Whosoever shall unlawfully, either by force or fraud,
lead or take away, or decoy or entice away or detain, any
child under the age of fourteen years, with intent to
deprive any parent, guardian, or other person having the
lawful care or charge of such child of the possession of
such child, or with intent to steal any article upon or
about the person of such child, to whomsoever such
article may belong, and whosoever shall, with any such
intent, receive or harbour any such child, knowing the
same to have been, by force or fraud, led, taken,
decoyed, enticed away, or detained, as in this section
before mentioned, shall be guilty of felony, and being
convicted thereof shall be liable, at the discretion of
the court, to be kept in penal servitude for any term not
exceeding seven years
[…]
99
or
to be imprisoned
[…]
100
Provided, that no person who shall
have claimed any right to the possession of such child,
or shall be the mother or shall have claimed to be the
father of an illegitimate child, shall be liable to be
prosecuted by virtue hereof on account of the getting
possession of such child, or taking such child out of the
possession of any person having the lawful charge
thereof.
[...
[101]
102
Bigamy
57. Bigamy. Offence may be dealt with
where offender shall be apprehended. Not to extend to
second marriages, &c. herein stated.
Whosoever, being married, shall marry any other person
during the life of the former husband or wife, whether
the second marriage shall have taken place in England or
Ireland or elsewhere, shall
94
Repealed by Offences against the Person Act 1875
(c. 94), s. 2
95
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
96
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
97
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
98
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
99
Words repealed by Statute Law Revision Act 1892
(c. 19)
100
Words repealed by Statute Law Revision Act 1892
(c. 19) and Criminal Justice Act 1948 (c. 58), Sch. 10 Pt.
101
In relation to England and Wales: s. 56 is
repealed.
101
Repealed by Child Abduction Act 1984 (c. 37), s.
11(5)(a)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 12
be guilty of felony, and being convicted
thereof shall be liable
[…]
103
to be kept in penal servitude for any term not exceeding
seven years
[…]
104
Provided, that nothing in this
section contained shall extend to any second marriage
contracted elsewhere than in England and Ireland by any
other than a subject of Her Majesty, or to any person
marrying a second time whose husband or wife shall have
been continually absent from such person for the space of
seven years then last past, and shall not have been known
by such person to be living within that time, or shall
extend to any person who, at the time of such second
marriage, shall have been divorced from the bond of the
first marriage, or to any person whose former marriage
shall have been declared void by the sentence of any
court of competent jurisdiction.
Attempts to procure Abortion
58. Administering drugs or using
instruments to procure abortion.
Every woman, being with child, who, with intent to
procure her own miscarriage, shall unlawfully administer
to herself any poison or other noxious thing, or shall
unlawfully use any instrument or other means whatsoever
with the like intent, and whosoever, with intent to
procure the miscarriage of any woman, whether she be or
be not with child, shall unlawfully administer to her or
cause to be taken by her any poison or other noxious
thing, or shall unlawfully use any instrument or other
means whatsoever with the like intent, shall be guilty of
felony, and being convicted thereof shall be liable
[…]
105
to be kept in penal
servitude for life
[…]
106
59. Procuring drugs, &c. to cause
abortion.
Whosoever shall unlawfully supply or procure any poison
or other noxious thing, or any instrument or thing
whatsoever, knowing that the same is intended to be
unlawfully used or employed with intent to procure the
miscarriage of any woman, whether she be or be not with
child, shall be guilty of a misdemeanor, and being
convicted thereof shall be liable
[…]
107
to be kept in penal servitude
[…]
108
Concealing the Birth of a
Child
60. Concealing the birth of a
child.
If any woman shall be delivered of a child, every person
who shall, by any secret disposition of the dead body of
the said child, whether such child died before, at, or
after its birth, endeavour to conceal the birth thereof,
shall be guilty of a misdemeanor, and being convicted
thereof shall be
103
Words repealed by Statute Law Revision Act 1892
(c. 19)
104
Words repealed by Statute Law Revision Act 1892
(c. 19) and Criminal Law Act 1967 (c. 58), Sch. 3 Pt.
III
105
Words repealed by Statute Law Revision (No. 2)
Act 1893 (c. 54)
106
Words repealed by Statute Law Revision Act 1892
(c. 19) and Statute Law Revision (No. 2) Act 1893 (c.
54)
107
Words repealed by Statute Law Revision Act 1892
(c. 19)
108
Words repealed by Statute Law Revision Act 1892
(c. 19)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 13
liable, at the discretion of the court,
to be imprisoned for any term not exceeding two years,
[…]
109
61. […]
110
62. […]
111
63. […]
112
Making Gunpowder to commit Offences,
and searching for the same
64. Making or having gunpowder,
&c., with intent to commit any felony against this
Act.
Whosoever shall knowingly have in his possession, or
make or manufacture, any gunpowder, explosive substance,
or any dangerous or noxious thing, or any machine,
engine, instrument, or thing, with intent by means
thereof to commit, or for the purpose of enabling any
other person to commit, any of the felonies in this Act
mentioned shall be guilty of a misdemeanor, and being
convicted thereof shall be liable, at the discretion of
the court, to be imprisoned for any term not exceeding
two years,
[…]
113
65. Justices may issue warrants for
searching houses, &c. in which explosive substances
are suspected to be made for the purpose of committing
felonies against this Act.
Where
114
any such gunpowder,
or other explosive, dangerous, or noxious substance or
thing, or any such machine, engine, instrument or thing,
is suspected to be made, kept, or carried for the purpose
of being used in committing any of the felonies in this
Act mentioned, a justice of the peace, upon reasonable
cause assigned upon oath by any person, may issue a
warrant for searching, in the daytime, any house, mill,
magazine, storehouse, warehouse, shop, cellar, yard,
wharf, or other place, or any carriage, waggon, cart,
ship, boat, or vessel, in which the same is suspected to
be made, kept, or carried for such purpose as
herein-before mentioned; and every person acting in the
execution of any such warrant shall have, for seizing,
removing to proper places, and detaining all such
gunpowder, explosive, dangerous, or noxious substances,
machines, engines, instruments, or things, found upon
such search, which he shall have good cause to suspect to
be intended to be used in committing any such offences,
and the barrels, packages, cases and other receptacles in
which the same shall be, the same powers and protections
which are given to persons searching for unlawful
quantities of gunpowder under the warrant of a justice by
the Act passed in the session holden in the twenty-third
and twenty-fourth years of the reign of Her present
Majesty, chapter one hundred and thirty-nine, intituled,
“An Act to amend the law concerning the making,
keeping, and
109
Words omitted by virtue of Criminal Justice Act
1948 (c. 58), s. 1 (2) and s. 60 proviso repealed by
Criminal Law Act 1967 (c. 58), Sch. 2 para. 13(1)(a), Sch.
13 Pt. III
110
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
111
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
112
Repealed by Sexual Offences Act 1956 (c. 69),
Sch. 4
113
Words repealed by Criminal Justice Act 1948 (c.
58), Sch. 10 Pt. I
114
words substituted by Courts Act 2003 c. 39 Sch.
8 para. 42(a)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 14
carriage of gunpowder and compositions
of an explosive nature, and concerning the manufacture,
sale, and use of fireworks.”
[115]
Other Matters
66. […]
116
67. […]
117
68. Offences committed within the
jurisdiction of the Admiralty.
All indictable offences mentioned in this Act which
shall be committed within the jurisdiction of the
Admiralty of England or Ireland shall be
[…]
118
liable to the same punishments, as if
they had been committed upon the land in England or
Ireland,
[…]
119
69. […]
120
70. […]
121
71. […]
122
72. […]
123
73. […]
124
74. […]
125
75. […]
126
76. Summary proceedings in England
may be under the 11 & 12 Vict. c. 43., and in Ireland
under the 14 & 15 Vict. c. 93. Except in London and
the Metropolitan Police District.
Every offence hereby made punishable on summary
conviction may be prosecuted in England in the manner
directed by the
Magistrates' Courts Act 1952
127
and may be prosecuted in Ireland
115
In relation to England and Wales: s. is
modified: [See Westlaw UK].
116
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
117
Repealed by Criminal Law Act 1967 (c. 58), Sch.
3 Pt. III
118
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
119
Words repealed by Criminal Law Act 1967 (c. 58),
Sch. 3 Pt. III
120
Repealed by Statute Law Revision Act 1892 (c.
19)
121
Repealed by Criminal Justice Act 1948 (c. 58),
Sch. 10 Pt. I
122
Repealed by Justices of the Peace Act 1968 (c.
69), Sch. 5 Pt. II
123
Repealed by Statute Law (Repeals) Act 1976 (c.
16), Sch. 1 Pt. XIX
124
Repealed by National Assistance Act 1948 (c.
29), Sch. 7 Pt. III
125
Repealed by Costs in Criminal Cases Act 1908 (c.
15), Sch.1
126
Repealed by Costs in Criminal Cases Act 1908 (c.
15), Sch.1
127
Words substituted by virtue of Interpretation
Act 1889 (c. 63), s. 38(1)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Offences against the
Person Act 1861
Page 15
before
two or more justices of
the peace, or
128
one metropolitan or
stipendiary magistrate, in the manner directed by the
Petty Sessions (Ireland) Act 1851, or in such other
manner as may be directed by any Act that may be passed
for like purposes; and all provisions contained in the
said Acts shall be applicable to such prosecutions, in
the same manner as if they were incorporated in this
Act:
Provided, that nothing in this Act
contained shall in any manner alter or affect any
enactment now in force relating to procedure in the case
of any offence punishable on summary conviction within
the City of London or the Metropolitan Police District,
or the recovery or application of any penalty or
forfeiture for any such offence.
[...
[129]
130
77. […]
131
78. Act not to extend to
Scotland.
Nothing in this Act contained shall extend to Scotland,
except as herein-before otherwise expressly provided.
79. […]
132
128
Words repealed (N.I.) by Statute Law Revision
(Northern Ireland) Act 1976 (c. 12), Sch.1 Pt.
129
In relation to England and Wales: s. 76 is
repealed.
130
Repealed by Statute Law (Repeals) Act 1989 (c.
43), s. 1(1), Sch. 1 Pt. I
131
Repealed by Costs in Criminal Cases Act 1908 (c.
15), Sch.1
132
Repealed by Statute Law Revision Act 1892 (c.
19)
(Represents Current Law in Force - for pending
amendments see Prospective Law on Westlaw
UK.)
Citation:
Offences Against the Person Act 1861.
(File revised 18 April 2006)
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