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Offences Against the Person Act 1861

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This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Homicide

    1. Murder.

      1. 1.Whosoever shall be convicted of Murder shall suffer Death as...

    2. Sentence for Murder.

      1. 2.Upon every Conviction for Murder the Court shall pronounce Sentence...

    3. Body to be buried in Prison.

      1. 3.The Body of every Person executed for Murder shall be...

    4. Conspiring or soliciting to commit Murder

      1. 4.All Persons who shall conspire, confederate, and agree to murder...

    5. Manslaughter.

      1. 5.Whosoever shall be convicted of Manslaughter shall be liable, at...

    6. Indictment for Murder or Manslaughter.

      1. 6.In any Indictment for Murder or Manslaughter, or for being...

    7. Excusable Homicide.

      1. 7.No Punishment or Forfeiture shall be incurred by any Person...

    8. Petit Treason.

      1. 8.Every Offence which before the Commencement of the Act of...

    9. Murder or Manslaughter abroad.

      1. 9.Where any Murder or Manslaughter shall be committed on Land...

    10. Provision for the Trial of Murder and Manslaughter where the Death or Cause of Death only happens in England or Ireland.

      1. 10.Where any Person, being feloniously stricken, poisoned, or otherwise hurt...

  3. Attempts to murder

    1. Administering Poison, or wounding with Intent to murder.

      1. 11.Whosoever shall administer to or cause to be administered to...

    2. Destroying or damaging a Building with Gunpowder, with Intent to murder.

      1. 12.Whosoever, by the Explosion of Gunpowder or other explosive Substance,...

    3. Setting fire to or casting away a Ship with Intent to murder.

      1. 13.Whosoever shall set fire to any Ship or Vessel or...

    4. Attempting to Administer Poison, or shooting or attempting to shoot or attempting to drown &c., with Intent to murder.

      1. 14.Whosoever shall attempt to administer to or shall attempt to...

    5. By any other Means attempting to commit Murder.

      1. 15.Whosoever shall, by any Means other than those specified in...

  4. Letters threatening to murder

    1. Sending Letters threatening to murder.

      1. 16.Whosoever shall maliciously send, deliver, or utter, or directly or...

  5. Acts causing or tending to cause Danger to Life or bodily Harm

    1. Impeding a Person endeavouring to save himself from Shipwreck.

      1. 17.Whosoever shall unlawfully and maliciously prevent or impede any Person,...

    2. Shooting or attempting to shoot, or wounding with Intent to do grievous bodily Harm.

      1. 18.Whosoever shall unlawfully and maliciously by any Means whatsoever wound...

    3. What shall constitute loaded Arms.

      1. 19.Any Chin, Pistol, or other Arms which shall be loaded...

    4. Inflicting bodily Injury, with or without Weapon.

      1. 20.Whosoever shall unlawfully and maliciously wound or inflict any grievous...

    5. Attempting to choke, &c. in order to commit any indictable Offence.

      1. 21.Whosoever shall, by any Means -whatsoever, attempt to choke, suffocate,...

    6. Using Chloroform, &c. to commit any indictable Offence.

      1. 22.Whosoever shall unlawfully apply or administer to or cause to...

    7. Maliciously administering Poison, &c. so as to endanger Life or inflict grievous bodily Harm.

      1. 23.Whosoever shall unlawfully and maliciously administer to or cause to...

    8. Maliciously administering Poison, &c. with Intent to injure, aggrieve, or annoy any other Person.

      1. 24.Whosoever shall unlawfully and maliciously administer to or cause to...

    9. If the Jury be not satisfied that any Person charged is guilty of Felony; but guilty of Misdemeanor they may find him guilty accordingly.

      1. 25.If, upon the Trial of any Person for any Felony...

    10. Not providing Apprentices or Servants with Food, &c. whereby Life endandered.

      1. 26.Whosoever, being legally liable, either as a Master or Mistress,...

    11. Exposing Children whereby Life endangered.

      1. 27.Whosoever shall unlawfully abandon or expose any Child, being under...

    12. Causing bodily Injury by Gunpowder.

      1. 28.Whosoever shall unlawfully and maliciously, by the Explosion of Gunpowder...

    13. Causing Gunpowder to explode, to any Person an explosive Substance, or throwing corrosive Fluid on a Person, with Intent to do grievous bodily Harm.

      1. 29.Whosoever shall unlawfully and maliciously cause any Gunpowder or other...

    14. Placing Gunpowder near a Building, with Intent to do bodily Injury to any Person.

      1. 30.Whosoever shall unlawfully and maliciously place or throw in, into,...

    15. Setting Spring Guns, &c., with Intent to inflict grievous bodily Harm.

      1. 31.Whosoever shall set or place, or cause to be set...

    16. Placing Wood, &c., on a Railway, with Intent to endanger Passengers.

      1. 32.Whosoever shall unlawfully and maliciously put or throw upon or...

    17. Casting Stone, &c. upon a Railway Carriage, with Intent to endanger the Safety of any Person therein.

      1. 33.Whosoever shall unlawfully and maliciously throw, or cause to fall...

    18. Doing or emitting anything to endanger Passengers by Railway.

      1. 34.Whosoever, by any unlawful Act, or by any wilful Omission...

    19. Drivers of Carriages injuring Persons by furious Driving.

      1. 35.Whosoever, having the Charge of any Carriage or Vehicle, shall,...

  6. Assaults

    1. Obstructing or assaulting a Clergyman or other Minister in the Discharge of his Duties.

      1. 36.Whosoever shall, by Threats or Force, obstruct or prevent, or...

    2. Assaulting a Magistrate, &c. on account of his preserving Wreck.

      1. 37.Whosoever shall assault and strike or wound any Magistrate, Officer,...

    3. Assault with Intent to commit Felony, or on Peace Officers, &c.

      1. 38.Whosoever shall assault any Person with Intent to commit Felony,...

    4. Assaults with Intent to obstruct the Sale of Grain, or its free Passage.

      1. 39.Whosoever shall beat, or use any Violence or Threat of...

    5. Assaults on Seamen, &c.

      1. 40.Whosoever shall unlawfully and with Force hinder or prevent any...

    6. Assaults arising from Combination.

      1. 41.Whosoever, in pursuance of any unlawful Combination or Conspiracy to...

    7. Persons committing any Common Assault or Battery may be imprisoned or compelled by Two Magistrates to pay Fine and Costs not exceeding 5l.

      1. 42.Where any Person shall unlawfully assault or beat any other...

    8. Persons convicted of aggravated Assaults on Females and Boys under Fourteen Years of Age may be imprisoned or fined.

      1. 43.When any Person shall be charged before Two Justices of...

    9. If the Magistrates dismiss the Complaint, they shall make out a Certificate to that Effect.

      1. 44.If the Justices, upon the Hearing of any such Case...

    10. Certificate or Conviction shall be a Bar to any other Proceedings.

      1. 45.If any Person, against whom any such Complaint as in...

    11. These Provisions not to apply to certain Cases.

      1. 46.Provided, That in case the Justices shall find the Assault...

    12. Assault occasioning bodily Harm.

      1. 47.Whosoever shall be convicted upon an Indictment of any Assault...

  7. Rape, Abduction, and Defilement of Women

    1. Rape.

      1. 48.Whosoever shall be convicted of the Grime of Rape shall...

    2. Procuring the Defilement of Girl under Age.

      1. 49.Whosoever shall, by false Pretences, false Representations, or other fraudulent...

    3. Carnally knowing a Girl under Ten Years of Age.

      1. 50.Whosoever shall unlawfully and carnally know and abuse any Girl...

    4. Carnally knowing a Girl between the Ages of Ten and Twelve.

      1. 51.Whosoever shall unlawfully and carnally know and abuse any Girl...

    5. Attempt to commit the last Two Offences.

      1. 52.Whosoever shall be convicted of any indecent Assault upon any...

    6. Abduction of a Woman against her Will, from Motives of Lucre.

      1. 53.Where any Woman of any Age shall have any Interest,...

    7. Forcible Abduction of any Woman with Intent to marry her.

      1. 54.Whosoever shall, by Force, take away or detain against her...

    8. Abduction of a Girl under Sixteen Years of Age.

      1. 55.Whosoever shall unlawfully take or cause to be taken any...

  8. Child-stealing

    1. Child-stealing.

      1. 56.Whosoever shall unlawfully, either by Force or Fraud, lead or...

  9. Bigamy

    1. Bigamy.

      1. 57.Whosoever, being married, shall marry any other Person during the...

  10. Attempts to procure Abortion

    1. Administering Drugs or using Instruments to procure Abortion.

      1. 58.Every Woman, being with Child, who, with Intent to procure...

    2. Procuring Drugs, &c. to cause Abortion.

      1. 59.Whosoever shall unlawfully supply or procure any Poison or other...

  11. Concealing the Birth of a Child

    1. Concealing the Birth of a Child.

      1. 60.If any Woman shall be delivered of a Child, every...

  12. Unnatural Offences

    1. Sodomy and Bestiality.

      1. 61.Whosoever shall be convicted of the abominable Crime of Buggery,...

    2. Attempt to commit an infamous Crime.

      1. 62.Whosoever shall attempt to commit the said abominable Crime, or...

    3. Carnal Knowledge defined.

      1. 63.Whenever, upon the Trial for any Offence punishable under this...

  13. Making Gunpowder to commit Offences, and searching for the same

    1. Making or having Gunpowder, &c., with Intent to commit any Felony against this Act.

      1. 64.Whosoever shall knowingly have in his Possession, or make or...

    2. 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

      1. 65.Any Jus bice of the Peace of any County or...

  14. Other Matters

    1. A Person loitering at Night, and suspected of any Felony against this Act, may be apprehended.

      1. 66.Any Constable or Peace Officer may take into Custody, without...

    2. Punishment of Principals in the Second Degree, and Accessories.

      1. 67.In the Case of every Felony punishable under this Act,...

    3. Offences committed within the Jurisdiction of the Admiralty.

      1. 68.All indictable Offences mentioned in this Act which shall be...

    4. Hard labour in Gaol or House of Correction.

      1. 69.Whenever Imprisonment, with or without Hard Labour, may be awarded...

    5. Solitary Confinement and Whipping

      1. 70.Whenever Solitary Confinement may be awarded for any Offence under...

    6. Fine, and Sureties for keeping the Peace; in what Cases.

      1. 71.Whenever any Person shall be convicted of any indictable Misdemeanor...

    7. No Certiorari, &c.

      1. 72.No summary Conviction under this Act shall be quashed for...

    8. Guardians and Overseers may be required to prosecute in certain Cases of Offences against this Act.

      1. 73.Where any Complaint shall be made of any Offence against...

    9. On a Conviction for Assault the Court may order Payment of the Prosecutor's Costs by the Defendant.

      1. 74.Where any Person shall be convicted on any Indictment of...

    10. Such Costs may be levied by Distress.

      1. 75.The Court may, by Warrant under Hand and Seal, order...

    11. Summary Proceedings in England may be under the 11 & 12 Vict. c. 43., and in Ireland under the 14 & 15 Vict. c. 93.

      1. 76.Every Offence hereby made punishable on summary Conviction may be...

    12. The Costs of the Prosecution of Misdemeanors against this Act may be allowed.

      1. 77.The Court before which any Misdemeanor indictable under the Provisions...

    13. Act not to extend to Scotland.

      1. 78.Nothing in this Act contained shall extend to Scotland, except...

    14. Commencement of Act

      1. 79.This Act shall commence and take effect on the Day...

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