Offences Against the Person Act 1861

[F1 43 Persons convicted of aggravated assaults on females and boys under fourteen years of age may be imprisoned or fined. E+W+N.I.

When any person shall be charged before two justices of the peace with an assault or battery upon any male child whose age shall not in the opinion of such justices exceed fourteen years, or upon any female, either upon the complaint of the party aggrieved or otherwise, the said justices, if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions herein before contained as to common assaults and batteries, may proceed to hear and determine the same in a summary way, and, if the same be proved, may convict the person accused; and every such offender shall be liable to be imprisoned in the common gaol or house of correction, . . . F2 for any period not exceeding six months, or to pay a fine not exceeding (together with costs) the sum of [F3 £500] and in default of payment to be imprisoned in the common gaol or house of correction for any period not exceeding six months, unless such fine and costs be sooner paid . . . F4 ]

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Amendments (Textual)

F1 Ss. 42, 43 repealed (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

F2 Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)

F3 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 6

F4 Words repealed by Criminal Justice Act 1925 (c. 86), Sch. 3

Modifications etc. (not altering text)

C1 S. 43 amended by Criminal Justice Act 1925 (c. 86), s. 39(2), (3)