What are the Offences against the person Act section 39?
Asked by: Prof. Bernard Parisian DVM | Last update: February 5, 2026Score: 4.4/5 (59 votes)
Section 39 of the Offences Against the Person Act 1861 (OAPA 1861), specifically targets violence or threats used to interfere with the buying, selling, or transport of grain, making it a summary offence with up to three months' imprisonment. However, in modern UK law, Section 39 of the Criminal Justice Act 1988 (CJA 1988) is the relevant provision, defining common assault and battery as summary offences, punishable by fine or up to six months in prison, creating the modern offense of common assault/battery.
What are Section 39 offences against the person?
39 Common assault and battery to be summary offences.
[F1(1)]Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
What is Section 39 of the offences against the person Ordinance?
Assault occasioning actual bodily harm (AOABH) is an offence contrary to section 39 of the Offences Against the Person Ordinance ( Chapter 212 ). AOABH is an assault which brings about actual bodily harm. The prosecution must first of all prove all the factual and legal elements of the offence of assault.
What are the offences against the person Acts?
Offences Against The Person Act 1861 (1861 c 100)
Key provisions include defining and penalising acts such as grievous bodily harm, wounding, assault, and poisoning. The Act created a comprehensive legal framework to address violent crimes, significantly enhancing legal clarity and enforcement efficacy.
What are the Offences against persons?
Offenses against the person includes all crimes that include direct and physical harm or potential to harm another person, including battery, kidnapping, murder, and domestic violence.
Domestic violence: what criminal offences might be committed? [Family and crime legal explainer]
What are the 4 types of offenses?
Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.
What are the four types of crimes against persons?
Violent crime is composed of four offenses: murder and nonnegligent manslaughter, rape, robbery, and aggravated assault. Violent crimes are defined in the UCR Program as those offenses that involve force or threat of force.
What does Section 39 assault points to prove?
Section 39 Criminal Justice Act 1988 (CJA 1988)
Common assault is an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. Battery is committed by the intentional or reckless application of unlawful force to another person.
What are considered crimes against a person?
Crimes Against Persons, e.g., murder, rape, and assault, are those whose victims are always individuals. The object of Crimes Against Property, e.g., robbery, bribery, and burglary, is to obtain money, property, or some other benefit.
What are the 8 focus crimes?
"8 focus crimes" typically refers to the Uniform Crime Reporting (UCR) Program's Part I offenses in the U.S. (murder, rape, robbery, assault, burglary, theft, vehicle theft, arson) or, in the Philippines, the Philippine National Police (PNP) list (murder, homicide, physical injury, rape, robbery, theft, carnapping of vehicles/motorcycles). These lists cover serious, frequent crimes that law enforcement tracks closely, though the specific categories differ slightly between systems.
What evidence is needed for assault?
To prove assault, prosecutors need evidence showing an intentional, unlawful threat or harmful contact that creates a reasonable fear of imminent harm, using a combination of victim/witness testimony, physical evidence (injuries, weapons), forensic evidence (DNA, fingerprints), and digital records (texts, surveillance video), aiming to establish the required elements beyond a reasonable doubt.
Can you get in trouble for intimidating someone?
Usually, an individual intimidates others by deterring or coercing them to take an action they do not want to take. The intimidation may become a civil or criminal offense unless that behavior serves a “legitimate purpose.” See 18 U.S. Code § 1514.
What is the penal code s403?
403. Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Is section 39 bad?
Section 39 of the Criminal Justice Act 1988
Although this rarely results in a custodial sentence, it does appear on your criminal record and repeat offenders of a violent nature could find themselves facing imprisonment. A conviction of Common Assault can result in imprisonment for up to 6 months.
What are the four elements of assault?
The four core elements of assault generally involve an intentional act (or recklessness) by the accused, creating a reasonable apprehension in the victim of imminent harmful or offensive contact, which happens without consent and with the apparent ability to carry it out, though no actual contact is required for the offense itself. These elements, particularly intent and apprehension, form the basis for proving assault in both criminal and civil cases.
Who is classed as an emergency worker?
Prison officers, NHS workers, PCSOs and civilian employees within the police, volunteers such as St John's Ambulance staff, hospital security staff and many contracted-out services, such as prisoner escort agents, fall under the definition of an 'Emergency Worker'.
What are the 5 types of crimes?
Five common types of crime include Violent Crimes, Property Crimes, White-Collar Crimes, Organized Crime, and Public Order Crimes, though categories can overlap, encompassing offenses like homicide (violent), burglary (property), fraud (white-collar), drug trafficking (organized/public order), and cybercrimes (cross-category).
What is not a crime against a person?
Arson is the option that is NOT a crime against persons. Homicide, assault, and robbery are all crimes that directly harm or threaten individuals. Arson primarily involves damage to property, rather than persons.
What is the meaning of offences against the person?
The term 'offences against the person' is used to refer to violent offences ranging from verbal threats to physical violence resulting in life changing injuries.
Can I be charged with assault without evidence?
Yes. California jury instruction 301 says, “The testimony of only one witness can prove any fact.
What is the best defense for assault?
The best defense against an assault charge depends on the specifics, but common successful strategies include self-defense, proving you used reasonable force to protect yourself from imminent harm, or the defense of others, consent (like in sports), lack of intent (it was an accident), false accusation, or challenging the accuser's credibility, often requiring an experienced attorney to analyze evidence like video or witness testimony.
Which offenses will always appear on a DBS?
It will include all unspent cautions and convictions, but also some spent ones. Some spent cautions and convictions are not included. These are known as protected or filtered offences. Cautions and convictions for offences, known as special offences, are treated differently.
What is the most common type of crime against a person?
Aggravated assault is the most common type of violent crime. It includes criminal behavior that involves an attack on someone with the intent to cause injury. It may or may not include the use of a weapon.
What is a Section 47 offence against a person?
Section 47 assault refers to Section 47 of the Offences Against the Person Act. Under this section, it is an offence to intentionally or recklessly assault someone causing actual bodily harm. This could be minor harm, such as a cut or a graze.
What are the four core crimes?
ICL outlines four main categories of international crimes: genocide, crimes against humanity, war crimes and the crime of aggression.