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 offences
Sexual offences
Non-fatal non-sexual offences
They can be further analysed by division into:to do it
Assaults
Injuries
And 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 offences
Murder
Manslaughter
Non-fatal non-sexual offences
Assault, or common assault
Battery, or common battery
Wounding or wounding with intent
Poisoning
Assault 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.
Murder
Manslaughter
Corporate manslaughter, contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007
Infanticide, contrary to section 1(1) of the Infanticide Act 1938
In 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; or
an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004.
Assault, or common assault
Battery, or common battery
For 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 1861
Administering poison, contrary to section 24 of the Offences against the Person Act 1861
Unlawful wounding or inflicting grievous bodily harm, contrary to section 20 of the Offences against the Person Act 1861
Wounding or causing grievous bodily harm with intent, contrary to section 18 of the Offences against the Person Act 1861
The 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 suicide
any 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 1885
the Punishment of Incest Act 1908
sections 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) 1950
the Infanticide Act 1938 and the Infanticide Act (Northern Ireland) 1939
article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978
section 1(1)(a) of the Protection of Children Act 1978
the Child Abduction Act 1984
the Female Genital Mutilation Act 2003
the Child Abduction (Northern Ireland) Order 1985
Part 1 of the Sexual Offences Act 2003
the Sexual Offences (Northern Ireland) Order 2008
an 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 life
an 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 offence
an 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 Act
kidnapping
false imprisonment
an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life
It formerly included in particular:
rape and buggery (presumably including at common law)
offences of rape and buggery under the law of Northern Ireland
offences punishable under
section 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 1956
section 1 of the Prohibition of Female Circumcision Act 1985
Scotland
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 persons
any offence not falling within the last bullet point, being an offence punishable under any of the following enactments:
the Criminal Law Amendment Act 1885
section 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 1937
section 52(1)(a) of the Civic Government (Scotland) Act 1982
an 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 life
an 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 offence
an 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
