In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.
They are usually analysed by division into the following categories:
Fatal offencesSexual offencesNon-fatal non-sexual offencesThey can be further analysed by division into:to do it
AssaultsInjuriesAnd it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment).
Offences against the person are usually taken to comprise:
Fatal offencesMurderManslaughterNon-fatal non-sexual offencesAssault, or common assaultBattery, or common batteryWounding or wounding with intentPoisoningAssault occasioning actual bodily harm (and derivative offences)Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences)The crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861.
Although most sexual offences will also be offences against the person, for various reasons (including sentencing and registration of offenders) sexual crimes are usually categorised separately. Similarly, although many homicides also involve an offence against the person, they are usually categorised under the more serious category.
MurderManslaughterCorporate manslaughter, contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007Infanticide, contrary to section 1(1) of the Infanticide Act 1938In section 2(2) of the Law Reform (Year and a Day Rule) Act 1996, "fatal offence" means:
murder, manslaughter, infanticide or any other offence of which one of the elements is causing a person's death;an offence under section 2(1) of the Suicide Act 1961 in connection with the death of a person; oran offence under section 5 of the Domestic Violence, Crime and Victims Act 2004.Assault, or common assaultBattery, or common batteryFor offences of aggravated assault, see Assault#England and Wales
Administering poison, so as to endanger life, contrary to section 23 of the Offences against the Person Act 1861Administering poison, contrary to section 24 of the Offences against the Person Act 1861Unlawful wounding or inflicting grievous bodily harm, contrary to section 20 of the Offences against the Person Act 1861Wounding or causing grievous bodily harm with intent, contrary to section 18 of the Offences against the Person Act 1861The expression "offence against the person" is used as a term of art in section 3 of the Visiting Forces Act 1952 (15 & 16 Geo.6 & 1 Eliz.2 c.67) and is defined for that purpose by paragraphs 1 (England and Wales and Northern Ireland) and 2 (Scotland) of the Schedule to that Act.
England and Wales and Northern Ireland
In the application of section 3 of the 1952 Act to England and Wales and Northern Ireland it means any of the following offences:
murder, manslaughter, torture, robbery and assault and any offence of aiding, abetting, counselling or procuring suicide or an attempt to commit suicideany offence not falling within the foregoing bullet point, being an offence punishable under any of the following enactments:the Offences against the Person Act 1861, except section 57 (which relates to bigamy)the Criminal Law Amendment Act 1885the Punishment of Incest Act 1908sections 1 to 5 and section 11 of the Children and Young Persons Act 1933, and sections 11, 12, 14 to 16, and 21 of the Children and Young Persons Act (Northern Ireland) 1950the Infanticide Act 1938 and the Infanticide Act (Northern Ireland) 1939article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978section 1(1)(a) of the Protection of Children Act 1978the Child Abduction Act 1984the Female Genital Mutilation Act 2003the Child Abduction (Northern Ireland) Order 1985Part 1 of the Sexual Offences Act 2003the Sexual Offences (Northern Ireland) Order 2008an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the Internationally Protected Persons Act 1978 and any of the following offences against a protected person within the meaning of that section, namely an offence of kidnapping, an offence of false imprisonment and an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger lifean offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that either in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offencean offence of making such a threat as is mentioned in section 3 of the United Nations Personnel Act 1997 and any of the following offences against a UN worker within the meaning of that Actkidnappingfalse imprisonmentan offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger lifeIt formerly included in particular:
rape and buggery (presumably including at common law)offences of rape and buggery under the law of Northern Irelandoffences punishable undersection 89 of the Mental Health Act (Northern Ireland) 1948 (which related to certain offences against mentally defective females)sections 2 to 28 of the Sexual Offences Act 1956section 1 of the Prohibition of Female Circumcision Act 1985Scotland
In the application of section 3 of the 1952 Act to Scotland, the expression "offence against the person" means any of the following offences:
murder, culpable homicide, rape, torture, robbery, assault, incest, sodomy, lewd, indecent and libidinous practices, procuring abortion, abduction, cruel and unnatural treatment of persons, threats to murder or to injure personsany offence not falling within the last bullet point, being an offence punishable under any of the following enactments:the Criminal Law Amendment Act 1885section 46 of the Mental Deficiency and Lunacy (Scotland) Act 1913 (which relates to certain offences against mentally defective females)sections 12 to 16 and 22 of the Children and Young Persons (Scotland) Act 1937section 52(1)(a) of the Civic Government (Scotland) Act 1982an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the Internationally Protected Persons Act 1978 and the following offence against a protected person within the meaning of that section, namely, an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger lifean offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that either, in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or, in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offencean offence of making such a threat as is mentioned in section 3 of the United Nations Personnel Act 1997 and an offence of causing an explosion likely to endanger life, committed against a UN worker (within the meaning of that Act), under section 2 of the Explosive Substances Act 1883 