The Offences against the Person Act 1861 (24 & 25 Vict. c. 100) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act,[3] incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828 (and the equivalent Irish Act), incorporating subsequent statutes.[4]
Although it has been substantially amended, it continues to be the foundation for prosecuting personal injury, short of murder, in the courts of England and Wales. The act was also adopted in British possessions. For example, New Zealand adopted the act in 1866.
The act as originally drafted listed specific methods whereby harm might be caused. For example, section 18 originally included an offence of shooting which could be committed with any of the specified intents. Sections 11 to 15 specified various means by which a person might attempt to commit murder.
In some cases, these reflected political issues then of great significance. For example, the Fenians were promoting their political case by leaving barrels of explosives in public places.[citation needed] Hence, sections 28 to 30 and 64 specifically address the problem, whether injury results or not. Similarly, children were throwing stones at passing railway trains,[citation needed] and these provisions remain in force.
As originally enacted, the act had 79 sections.
In England and Wales, 37 sections remain in force, namely sections 4, 5, 9, 10, 16 to 18, 20 to 38, 44, 45, 47, 57 to 60, 64, 65, 68 and 78. Of those, only sections 25, 34 to 36 and 78 have not been either partially repealed or otherwise amended. Different subsets of its provisions remain in force in Northern Ireland.
See the Criminal Justice Act 2003 for further provisions about sentencing for manslaughter and for offences under sections 4 and 16 to 47 of this act.
Homicide
Sections 1 to 3 – Murder
Sections 1 to 3 dealt with the death penalty for murder and have been repealed.
In the Republic of Ireland, the references to murder in these sections were changed to references to capital murder by section 15 of the Criminal Justice Act 1964.[6] They were repealed by section 9(1) of, and the second schedule to, the Criminal Justice Act 1990.[7][8] But the repeal of section 1 did not affect the operation of sections 64 to 68.(s.9(2))
This section provided that the body of every person executed for murder was to be buried within the precincts of the last prison in which he had been confined, and that his sentence was to direct that this should happen. It replaced the corresponding provision in section 16 of the Anatomy Act 1832 (as amended by section 1 of the next mentioned Act) and replaced section 2 of the Hanging in Chains Act 1834 (4 & 5 Will. 4. c. 26).
Section 4
The penalty for offences under this section was increased by article 5(1) of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (SI 1977/1249) but not in relation to offences "committed before the commencement" of that order (art.5(3)).
The repeal of as much of this section as related to the offence of conspiracy to murder for England and Wales was consequential on the codification of conspiracy by Part I of the Criminal Law Act 1977. The effect of this section, in relation to conspiracy to commit murder abroad, was preserved by section 1(4) of that Act.
Sections 6 to 8 have been repealed. They respectively dealt with the form of the indictment for murder and manslaughter, with excusable homicide and with petty treason.
Sections 9 and 10: Jurisdiction over murder or manslaughter abroad
Section 9 gives the courts in England, Wales and Ireland extra-territorial jurisdiction over homicides committed by British subjects overseas. At the time of passing this was a more expansive definition, including the Dominions, but was restricted to just British subjects linked to the United Kingdom and its colonies by section 3 of the British Nationality Act 1948.) Section 10 gives these courts jurisdiction over fatal acts committed by British subjects overseas where the death occurs in England, Wales or Ireland, and jurisdiction over fatal acts committed in England, Wales or Ireland by anyone, including aliens, where the death occurs abroad. (The word "criminally" in that section has been held to exclude fatal acts done by aliens overseas although the death occurs in England, Wales or Ireland, since such acts are not punishable under the criminal law.)
9. 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, ... may be dealt with, inquired of, tried, determined, and punished ... in England or Ireland; 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. Where any person being [criminally] 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] 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, may be tried ... in England.
Section 15 – Attempting to commit murder by any other means
Threats to kill
Section 16
The making of a threat to kill is an offence wherein the defendant intends the victim to fear it will be carried out. It is immaterial whether it is premeditated or said in anger.
Although the normal maximum sentence is ten years, offenders deemed to present a "significant risk" of "serious harm" to the public can now receive a life sentence under the Criminal Justice Act 2003.
Other threats of violence may be prosecuted summarily under section 4 of the Public Order Act 1986.
This section, as originally enacted, replaced the offence of sending, delivering or uttering a letter or writing threatening to kill or murder under section 1 of 10 & 11 Vict. c. 66 (1847); the other offences under that section being consolidated elsewhere.
Section 17 – Impeding a person endeavouring to save himself or another from shipwreck
Shipping was the lifeblood of the Empire, thus, specific offences to protect seamen were common.
Wounding and grievous bodily harm
The offences under sections 18 and 20 of this Act are discussed in detail in the article grievous bodily harm.
Section 18
This section creates the offences of wounding and causing grievous bodily harm, with intent to cause grievous bodily harm, or to resist arrest. It is punishable with life imprisonment.
18. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person ... with intent ... to do some ... 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 ... to be kept in penal servitude for life ...
Charges under this section are, under CPS guidance, reserved for crimes with very high intent which cause serious (potentially life-threatening harm) or showed malicious intent and caused really serious life-threatening or life-altering harm. The former offences under this section of shooting and attempting to shoot with intent have been repealed. It is also no longer possible to charge the remaining offences of wounding and causing grievous bodily harm as having been committed with intent to maim, disfigure or disable as the relevant words have been repealed.
Section 19
This section defined the expression "loaded arms". The repeal of this section was consequential on the repeal of the offences of shooting and attempting to shoot with intent under sections 14 and 18 above.
Section 20
This section creates the offences of wounding and inflicting grievous bodily harm. The CPS guidance prefers this section to be used instead of section 18 when the harm done was more consequential rather than intentional, and/or the wounding was less serious. These are therefore less serious than the offences created by section 18 and carry a maximum prison sentence of 5 years.
Inflicting bodily injury, with or without weapon
20. 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 ... to be kept in penal servitude ...
This section replaces section 4 of the Prevention of Offences Act 1851 (14 & 15 Vict c 19). The offence of wounding either with or without a weapon or instrument under this section replaces the offence of stabbing, cutting or wounding under that section.
Garrotting, etc. – Administering chloroform, etc.
Sections 21 and 22: Attempting to choke, &c., to commit or assist in the committing of any indictable offence. Certain forms of attack have always been viewed with particular horror and the use of strangulation or drugs to render someone unconscious with a view to committing a crime require special treatment. Contemporary crime including date rape following the use of hypnotic drugs such as Flunitrazepam show that little has changed save that where the intended offence is of a sexual nature, separate legislation applies (see Sexual Offences Act 2003).
Sections 23 and 24 cover the insidious forms of attack based on administering poisons or other dangerous chemicals and substances intending to injure another. Although rarely used today, the offences remain available should the specific circumstances arise, e.g. sending a package containing a dangerous substance to an embassy.
Section 25 permits a jury to find a person charged with an offence under section 23 guilty of an offence under 24.
Sections 23 to 25 respectively replace sections 1 to 3 of 23 & 24 Vict. c. 8 (1860) (unlawful administering of poison).
Section 26 – Neglecting or causing bodily harm to servants
This section deals with the problem of neglect by an employer who failed to provide adequate food, clothing and accommodation for staff and servants. It is punishable on conviction on indictment with imprisonment for a term not exceeding five years.
Section 27 – Abandoning or exposing a child under the age of two
The offence is in practice obsolete, as it has been superseded by the offence of cruelty to persons under sixteen under section 1 of the Children and Young Persons Act 1933. The exception to this is that it can be committed by a person who does not have responsibility for the child within the meaning of the 1933 Act (assuming that such a person can unlawfully abandon or expose a child), and also by a person who is under sixteen.
Section 30 replaces the corresponding offence under section 6 of that Act; the other offences under that section being consolidated elsewhere.
Section 31 – Setting spring guns with intent to inflict grievous bodily harm
This section addresses the problem of those who wish to protect their property with hidden traps.
This section replaces sections 1 to 4 of 7 & 8 Geo. 4. c. 18 (1827) (An Act to prohibit the setting of spring guns, mantraps and other engines calculated to destroy human life or inflict grievous bodily harm).
Causing danger on railways
Sections 32 to 34 protect the railways from those who place obstructions on the line, throw stones at the passing trains, and generally endanger the passengers.
Section 32 replaced the offence of attempting to endanger the safety of passengers under section 6 of the Prevention of Offences Act 1851; the other offence being consolidated elsewhere.
Section 33 replaced section 7 of that act.
Section 35 – Drivers of carriages injuring persons by furious driving
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 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, ...[14]
The marginal note to this section reads "Assault with intent to commit felony, or on peace officers, &c." It is unreliable.[16]
This section was repealed for Northern Ireland by section 7(3) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28 (N.I.)). The offences of assault with intent to resist arrest and assaulting, etc. a peace officer under this section were replaced by section 7(1) of that act.
Assault with intent to resist arrest
In England and Wales, this section creates the offence of assault with intent to resist arrest and provides the penalty to which a person is liable on conviction of that offence on indictment.
Assaulting, resisting or wifully obstructing a peace officer in the execution of his duty
This offence was repealed and replaced by section 51 of the Police Act 1964. An assault on a constable in the execution of his duty can now be prosecuted summarily under section 89(1) of the Police Act 1996.
Assault with intent to commit felony
The repeal of this offence was consequential on the abolition of the distinction between felony and misdemeanour.
Section 39 – Assaults with intent to obstruct the sale of grain, or its free passage
Immediately before its repeal, in England and Wales, this section read:
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 . . . 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.[17]
This section was repealed as it applied to England and Wales by section 1(1) of, and Group 5 of Part I of Schedule 1 to, the Statute Law (Repeals) Act 1989. It has not been replaced.
This section was derived from the corresponding provision in section 26 of the Offences against the Person Act 1828, and replaced both that provision and section 2 of 14 & 15 Vict. c. 92 (which applied to Ireland). The words in square brackets in the text of section 39 above are different from those in section 26 of the Offences against the Person Act 1828.[18]
In a joint report dated 7 April 1989, the Law Commission and the Scottish Law Commission said that, between them, the offences of common assault, battery and affray, and the offences under the Criminal Damage Act 1971, made adequate provision for the punishment of any conduct that amounted to an offence under either section 39 or section 40. They said that the Home Office agreed that sections 39 and 40 served no further useful purpose. They recommended that both sections be repealed.[21]
Section 40 – Assaults on seamen, etc
Immediately before its repeal, in England and Wales, this section read:
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, shall on conviction thereof before two justices of the peace be liable to be imprisoned…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.[22]
The section was repealed in the first jurisdiction by section 1(1) (enacting Group 5 of Part I of Schedule 1) to the Statute Law (Repeals) Act 1989. It has not been replaced.
The act 20 & 21 Vict. c. 43 said either party could appeal to one of the superior courts of common law if they were dissatisfied with the determination of the justices as being erroneous in point of law.[23]
Proposals for repeal
As to the recommendations of the Criminal Law Revision Committee, Law Commission, and Scottish Law Commission, see the preceding section's summary above.
In England and Wales, this section has been repealed and has been replaced by section 39 of the Criminal Justice Act 1988. The Criminal Law Act 1977, Schedule 6, increased the maximum fine to £200. (Entries relating to Offences Against the Person Act 1861 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16).
Section 39 of the Criminal Justice Act 1988 made the offence a summary only offences, and a person guilty of either assault or battery liable to a fine not exceeding level 5 (£5,000) on the standard scale and to imprisonment for a term not exceeding six months, or to both.
In Northern Ireland, this section was substituted by section 23(1) of the Criminal Justice Act (Northern Ireland) 1953 (c.14) (N.I.). Section 23(2) of that act provides that any reference to this section in section 46 of the Summary Jurisdiction Act (Northern Ireland) 1953, or in any other enactment, is to be construed as a reference to this section as amended by that Act. This provision is said to be for the removal of doubt.
In England and Wales, this section has been repealed and has not been replaced. The Criminal Law Act 1977, Schedule 6, increased the maximum fine to £500.
In Northern Ireland, this section makes provision for the summary prosecution of aggravated assaults on women and children. The maximum fine for this offence was increased by section 60(2) of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 (c. 13) (N.I.)
In the Republic of Ireland, this section was repealed by section 26 of, and the second schedule to, the Criminal Justice Act 1951 (No.2)
Section 44 and 45
In the Republic of Ireland, these sections was repealed by section 26 of, and the second schedule to, the Criminal Justice Act 1951 (No.2)
In England and Wales, and in Northern Ireland, this section creates the offence of assault occasioning actual bodily harm and provides the penalty to which a person is liable on conviction of that offence on indictment.
In England and Wales, the provision in this section relating to common assault has been repealed.
This is an either way offence. In Northern Ireland, it is written that a person who is convicted on indictment (before a Crown Court thus for more serious instances) of common assault is liable to imprisonment for a term not exceeding two years. This amounts to a doubling (of the maximum) by article 4(2)(b) of the Criminal Justice (No.2) (Northern Ireland) Order 2004.
Rape, abduction and defilement of women
Section 48 – Rape
This section provided that a person guilty of rape was liable to be kept in penal servitude for life or for any term not less than three years or to be imprisoned (with or without hard labour) for any term not exceeding two years.
In England and Wales, this section was repealed and replaced by section 1(1) of the Sexual Offences Act 1956. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences by the Sexual Offences (Northern Ireland) Order 2008.
Section 49 – Procuring, by false pretences, false representations or other fraud, a girl under 21 to have illicit carnal connexion with any man
The expression 'illicit carnal connexion' means extramarital sexual intercourse.
This section replaced section 1 of 12 & 13 Vict. c. 76 (1849) (procuring the defilement of women).
Sections 50 and 51 were repealed by section 2 of the Offences against the Person Act 1875. They were replaced by sections 3 and 4 of that act (also replaced) which had a broader scope.
Section 52 – Indecent assault upon a female
In England and Wales, this section was repealed and replaced by section 14(1) of the Sexual Offences Act 1956. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences.
Sections 53 and 54 created various offences of abduction, including:
Forcible abduction of any woman with intent to marry or carnally know her. This would be charged as the common law offences of kidnapping and false imprisonment, or rape, and/or human trafficking under the Sexual Offences Act 2003.
In England and Wales, section 53 was repealed and replaced by sections 17 and 18 of the Sexual Offences Act 1956.
In England and Wales, section 54 was repealed and replaced by section 17(1) of the Sexual Offences Act 1956.
In Northern Ireland, repeal of these sections was consequential upon the codification of the law relating to sexual offences.
Section 55 – Abduction of a girl under 16
In England and Wales, this section was repealed and replaced by section 20 of the Sexual Offences Act 1956. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences.
Section 58, creating the offence of administering drugs or using instruments to procure abortion, replaced section 6 of the Offences against the Person Act 1837, and provides:
58. 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 unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be liable ... to be kept in penal servitude for life ...[24]
An offence under section 58 is punishable with imprisonment for life or for any shorter term.[25]
Section 59 created an offence of procuring drugs to cause abortion, and provides:
59. 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 ... to be kept in penal servitude ...[26]
An offence under section 59 is punishable with imprisonment for a term not exceeding five years.[27]
England & Wales
Guidance from the Crown Prosecution Service describes procuring an abortion unlawfully as a child abuse offence[28] and indicates that section 58 and 59 offences may include:
honour-based crimes committed to punish women for alleged or perceived breaches of the family and/or community's code of behaviour;[29]
repeated or continued controlling or coercive behaviour;[30]
domestic abuse incidents triggered by a pregnancy.[31]
With the increasing availability of medicines for abortion, the Medicines and Healthcare products Regulatory Agency has stated that medicines are not ordinary consumer goods and have the potential to cause harm, and selling medication with no medical qualifications is illegal and can be extremely dangerous.[32]
(1) ... no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.
(2) For the purposes of this Act, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be primâ facie proof that she was at that time pregnant of a child capable of being born alive.[33]
The Abortion Act 1967 recognises "the law relating to abortion" as sections 58 and 59 of the Offences against the Person Act 1861 in England and Wales. The 1967 Act initially had the following effect, within the 28-week term limit provided through the 1929 Act:
(1) Subject to the provisions of this section, a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith—
(a) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or of injury to the physical or mental health of the pregnant woman or any existing children of her family, greater than if the pregnancy were terminated;
(b) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.[34]
As amended (by the Human Fertilisation and Embryology Act 1990), the 1967 Act continues to provide that any act to procure abortion, and anything done with intent to procure a woman's miscarriage, is unlawful unless authorised as follows, including a reduced term limit to 24 weeks to recognise improved fetal viability:
(1) Subject to the provisions of this section, a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith—
(a) that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or
(b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or
(c) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or
(d) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.[35]
Home Office statistics for England and Wales recorded 224 offences in total for procuring an illegal abortion in 1900–1909, which increased to 527 in the subsequent decade, 651 in the 1920s, and 1,028 in the 1930s (although figures for 1939 are unavailable). The number of offences increased significantly from 1942 onwards, at the same time as the arrival of American military personnel during the Second World War, rising to 649 in 1944, and totalling 3,088 throughout the 1940s.
The trend decreased but remained significant with 2,040 offences from 1950 to 1959 inclusive and 2,592 in the 1960s. However, there was a decrease from 212 offences in 1970 to three in 1979, alongside the implementation of the 1967 Act, and offences remained at single figures over the rest of the 20th Century. From 1931 to 2002, there were also 109 recorded cases of child destruction in the jurisdiction, as defined by the Infant Life (Preservation) Act 1929.[36]
From 2002–2003 to 2008–2009, there were 30 cases of child destruction and 46 cases of illegal abortion in England and Wales followed by 61 cases of illegal abortion and 80 cases of child destruction in the subsequent decade (between 2009–2010 and 2019–2020 inclusive).[37][38]
... any person who, with intent to destroy the life of a child then capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother, shall be guilty of felony, to wit, of child destruction, and shall be liable on conviction thereof on indictment to penal servitude for life:Provided that no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.
Abortion and child destruction offences have historically only occasionally been recorded in Northern Ireland – a possible effect of the deterrent provided in law and the policing of a smaller jurisdiction. Between 1998 and 2018, the Royal Ulster Constabulary and the Police Service of Northern Ireland recorded 17 cases of procuring an illegal abortion and three cases of child destruction. In several years within that timeframe, no offences of this type were recorded.[39]
11.—(1) A person who, by any means, intentionally terminates or procures the termination of the pregnancy of a woman otherwise than in accordance with regulations 3 to 8 of these Regulations commits an offence.
(2) But paragraph (1) does not apply—
(a) to the woman herself; or
(b) where the act which caused the termination was done in good faith for the purpose only of saving the woman’s life or preventing grave permanent injury to the woman’s physical or mental health.
(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Proceedings in respect of an offence under paragraph (1) may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.
the pregnancy has not exceeded its twelfth week (regulation 3);
the pregnancy has not exceeded its twenty-fourth week, and the continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant woman which is greater than if the pregnancy were terminated (regulation 4);
the termination is immediately necessary to save the life, or to prevent grave permanent injury to the physical or mental health, of the pregnant woman (regulation 5);
the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman (regulation 6(a));
the continuance of the pregnancy would involve risk to the life of the pregnant woman which is greater than if the pregnancy were terminated (regulation 6(b));
the death of the unborn child is likely before, during or shortly after birth (regulation 7(a));
if the child were born, it would suffer from such physical or mental impairment as to be seriously disabled (regulation 7(b)).
Regulation 8 specifies the places where any treatment for the termination of pregnancy must be carried out:
in a Health and Social Care hospital;
at a clinic provided by an Health and Social Care trust for the purpose of carrying out terminations;
at premises used to provide primary medical services;
in the home of the pregnant woman (following a prescription of Mifepristone and Misoprostol made to her at one of the above places, having taken Mifepristone at that place, and where the pregnancy has not exceeded its tenth week; or
at another place approved by the Department of Health in Northern Ireland.[40]
Republic of Ireland
Legislative changes on abortion in Ireland have been framed by the context of two amendments to the Constitution of Ireland, approved by referendum. Sections 58 and 59 continued, without amendment, in Irish law following the creation of the Irish Free State and the approval of the Constitution in 1937. Article 40.3 of the Constitution, on personal rights, originally read:
The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.
The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.
The Eighth Amendment, in effect from 1983 to 2018, with amendment from 1992, added:
The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.
This subsection shall not limit freedom to travel between the State and another state.
This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.
22. (1) It shall be an offence to intentionally destroy unborn human life.
(2) A person who is guilty of an offence under this section shall be liable on indictment to a fine or imprisonment for a term not exceeding 14 years, or both.
(3) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions.
23. (1) It shall be an offence for a person, by any means whatsoever, to intentionally end the life of a foetus otherwise than in accordance with the provisions of this Act.
(2) It shall be an offence for a person to prescribe, administer, supply or procure any drug, substance, instrument, apparatus or other thing knowing that it is intended to be used or employed with intent to end the life of a foetus, or being reckless as to whether it is intended to be so used or employed, otherwise than in accordance with the provisions of this Act.
(3) Subsections (1) and (2) shall not apply to a pregnant woman in respect of her own pregnancy.
(4) It shall be an offence for a person to aid, abet, counsel or procure a pregnant woman to intentionally end, or attempt to end, the life of the foetus of that pregnant woman otherwise than in accordance with the provisions of this Act.
(5) A person who is guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years, or both.
(6) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions.
(7) Nothing in subsection (4) shall operate to prevent or restrict access to services lawfully carried out in a place outside the State.
This section abolished the nominal death penalty for buggery, and provided instead that a person convicted of this was liable to be kept in penal servitude for life or for any term not less than ten years. Latterly, non-military, domestic courts had always commuted the sentence. As contemporary legal commenters noted, the prior sentence of death recorded was a guarantee that death would not actually be inflicted. The new formula provided a clear, direct, by-judge sentencing band.[41]
In the Republic of Ireland, sections 61 and 62 were repealed as regards buggery between persons by the Criminal Law (Sexual Offences) Act 1993; they remain in force as regards buggery with animals.
Carnal knowledge
Section 63 defined the expression "carnal knowledge". In England and Wales, this section was repealed and replaced by section 44 of the Sexual Offences Act 1956.
Section 65: search warrants for weapons, explosives and other articles intended for use in committing offences. This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences against the Person Act 1997.
Sections 66 to 79 dealt with supplemental matters.
Section 68 provides that indictable offences under the Act committed within the jurisdiction of the Admiralty are subject to the punishments to which they would be subject if they had been committed in England. If this provision was not redundant in 1861, it is now.[43]
List of repeals and amendments in the Republic of Ireland from the Irish Statute Book
^This short title was conferred by the Short Titles Act 1896, section 1 and the first schedule. It is written as it appears in the text of that Act published in the Public General Acts 1896, HMSO, notwithstanding that the "a" in "against" is sometimes capitalised in other sources.
^The Offences against the Person Act 1861, section 79
^Greaves. The Criminal Law Consolidation and Amendment Acts 1861 pp. 3–4
^Davis, James Edward. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100. Butterworths. 1861. Pages vi and vii. Internet Archive.
^The Law Commission. Legislating the Criminal Code: Offences against the Person and General Principles. Law Com 218. Cm 2370. 1993. Para 22.1 and note 245 at page 41.
^Criminal Law Revision Committee. Fourteenth Report. 1980. Cmnd 7844. ss 163 and 164.
^ abcDavis, James Edward. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria. Butterworths. 1861. p. 266.
^ abThe Law Commission and the Scottish Law Commission. Statute Law Revision: Thirteenth Report. Draft Statute Law (Repeals) Bill. 1989. Law Com 179. SLC 117. Cm 671. Page 71.
^The Criminal Law Revision Committee. Fourteenth Report: Offences Against the Person. 1980. Cmnd 7844. Paragraphs 129, 180 and 183
^ abThe Law Commission and the Scottish Law Commission. Statute Law Revision: Thirteenth Report. Draft Statute Law (Repeals) Bill. 1989. Law Com 179. SLC 117. Cm 671. Pages 11 and 71.
