What is section 47 of the Offences Against the Person Act?
Asked by: Claudine McClure | Last update: April 29, 2026Score: 4.7/5 (23 votes)
Section 47 of the UK's Offences Against the Person Act 1861 creates the offense of Assault Occasioning Actual Bodily Harm (ABH), meaning someone intentionally or recklessly assaults another person, causing injury more than "transient or trifling," like cuts, bruises, or even psychiatric harm, carrying a maximum of five years imprisonment. It sits between common assault and more serious wounding, requiring proof of an underlying assault/battery and resulting ABH, but without needing intent to cause that specific level of harm.
What is the Section 47 offence against the Person Act?
Section 47 OAPA 1861 – maximum 5 years' imprisonment
This offence (section 47 OAPA 1861) is committed when a person intentionally or recklessly assaults another, thereby causing actual bodily harm (ABH). Harm need not be permanent but must be more than transient and trifling: R v Donovan [1934] 2 KB 498.
What constitutes a Section 47 assault?
What Is Section 47 Assault? 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 is the crimes act section 47?
47 Using etc explosive substance or corrosive fluid etc
with intent in any such case to burn maim disfigure disable, or do grievous bodily harm to, any person, shall, whether bodily injury is effected or not, be liable to imprisonment for 25 years.
What crimes are against the Person Act?
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.
Non Fatal Offences Against the Person # 4 - ABH Section 47 Offences Against the Persons Act 1861
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 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.
Is section 47 serious?
A Section 47 Enquiry is initiated to decide whether, and what type of, action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.
What is Section 47 of the criminal Procedure Act?
Private persons to assist in arrest when called upon. (1)Every male inhabitant of the Republic of an age not below sixteen and not exceeding sixty years shall, when called upon by any police official to do so, assist such police official— (a)in arresting any person; (b)in detaining any person so arrested.
What crimes cannot be expunged in CA?
In California, you generally cannot expunge crimes involving serious sex offenses, child abuse, murder, attempted murder, manslaughter, arson, certain violent felonies, and many serious vehicle offenses, especially if you served state prison time, were on parole, or are required to register as a sex offender. Key ineligible offenses include those requiring sex offender registration (like some PC 286, 288, 288a, 289) and serious crimes against children (PC 311.1, 311.2, etc.).
What is the best defense against an assault charge?
The best defense against an assault charge usually involves claiming Self-Defense, showing you used reasonable, proportional force to protect yourself or others from imminent harm, or arguing it was an Accident (lack of intent). Other defenses include Consent, Defense of Property, or challenging the accuser's credibility, but success depends heavily on specific evidence like witness accounts and video footage, requiring an experienced criminal defense attorney.
What is the S 47 crimes Sentencing Procedure Act?
47 Commencement of sentence
(1) A sentence of imprisonment commences, subject to section 71 and to any direction under subsection (2), on the day on which the sentence is imposed.
What three elements must be present to prove that an assault occurred?
The three key elements of assault generally involve the perpetrator's Intent (to cause harm or apprehension), the victim's Reasonable Apprehension (of imminent harmful or offensive contact), and the Immediacy or Ability to Carry Out the threat, meaning the victim must reasonably believe the danger is happening now, often with the apparent capability of the assailant to act on the threat, without the need for actual physical contact.
What is the burden of proof in assault cases?
The Burden of Proof Lies With the Prosecution
The burden of proof in a criminal case rests entirely and solely on the prosecution. This means the government, typically represented by the District Attorney, State's Attorney, or U.S. Attorney, has the responsibility to prove the defendant's guilt.
What evidence is used in assault cases?
Physical and Forensic Evidence
This includes the weapon allegedly used in the assault, any blood-stained clothing, or damage to property at the crime scene. Photographs, forensic testing, and documented injuries can all support the charges. However, physical evidence must be properly collected, preserved, and analyzed.
Is ABH better than GBH?
Grievous bodily harm (GBH): is a more serious crime than ABH, as committing GBH means causing really serious injuries which severely affect the health of the victim, such as serious cuts and broken bones.
Where does rule 47 apply?
Rule 47. Local Rules by Courts of Appeals. (a) Local Rules. (1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public notice and opportunity for comment, make and amend rules governing its practice.
What are the 5 stages of crime?
In every crime, there is first intention to commit it, secondly, preparation to commit it, thirdly, attempt to commit it and fourthly the accomplishment. The stages can be explained as under: Intention – This is the first stage in commission of a crime.
Has rule 47 ever changed?
Rule 47 is amended to require a more specific statement of the relief sought by a party. The amendment requires parties to plead into or out of the expedited actions process governed by Rule 169, added to implement section 22.004(h) of the Texas Government Code.
What are the possible outcomes of a section 47?
How many outcomes are there of a section 47 Enquiry? There are five possible outcomes of a Section 47 Enquiry: No Further Action: If the enquiry determines that the child is not at significant risk of harm, no further action may be taken, and the case may be closed.
What is Section 47 offence against the person?
47 Assault occasioning bodily harm.
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F1. . . to be kept in penal servitude F1 . . .; F2. . .
How does s47 relate to domestic abuse cases?
The purpose of a Section 47 investigation is to determine whether the child is suffering, or likely to suffer, significant harm. Significant harm can manifest in various forms including physical, emotional, sexual abuse, neglect or exposure to domestic violence.
Can an indictment be dismissed?
Yes. In many criminal cases, individual counts of an indictment can be dismissed before trial under the right circumstances. This is a common and important pretrial issue in criminal defense, and understanding how it works can shape the entire direction of a case.
Do I need a lawyer for this type of offense?
You Have Been Arrested or Charged with a Crime
Whether you've been charged with a DUI, drug possession, theft, or a more severe offense, such as a felony or a violent crime, engaging a defense attorney early in the criminal justice process is critical.
What counts as a serious offence?
A serious offence is defined as a specified sexual or violent offence which carries a maximum penalty of ten years or more (including life).