Criticisms and Reforms of Non-fatal Offences by Chandanee.
Non-fatal offences against the person - Criticisms The Law Commission in Legislating the Criminal Code: Offences Against the Person and General Principles criticised NFOAPs on three main issues: firstly the language used is complicated, obscure and out dated, secondly the structure of the offences and thirdly the Law Commission was critical of the effectiveness of the current law on NFOAPs.Criticisms - Introduction Law Commission Report 1993 described OAPA and common assault as “inefficient as a vehicle for controlling violence” where “many aspects of the law are still obscure and its application erratic” Law on non-fatal offences often criticised for being chaotic, unjust, irrational, outdated and unclear.Model Answers. Non Fatal Offences Evaluation essay revision plan. Non Fatal Offences Evaluation Essay Model Answer. General Defences Evaluation Essay Model Answer. General Defences Evaluation Essay Bullet Points. Murder and Voluntary Manslaughter Evaluation Essay Model Answer. Murder and Voluntary Manslaughter Evaluation Essay Bullet Points.
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.Another problem with Non-Fatal Offences is that two of the five offences are common law (assault and battery). The numbering and structure of the offences doesn’t make logical sense; S47, which is causing ABH, carries a maximum sentence of 5 years, but so does S20, which is inflicting GBH.
The view that the Law on non-fatal offences against the person is not fit for purpose will be discussed throughout this essay. By looking at relevant case law, legislation and judges reasoning we can begin to understand the complexity and practical applications of the law—creating the basis for our discussion.
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