1 Overview

1. The Act defines the offences and Schedule 1 defines the sentences applicable to each offence defined in the Act.
2. Schedules 2 to 8 of this Act contain supplementary provisions².
3. Some sections and schedules currently do not contain provisions.  These sections are reserved in anticipation that provisions in other Acts will be transferred to this Act as some point in the future.

2 Killing a person

1. Except as defined in Schedule 2, section 1, a person who, with intent to destroy the life of a child capable of being born alive, causes a child to die before it has an existence independent of its mother is guilty of an offence³.
2. Unless the Abortion Act 1967 applies, a person who causes an abortion is guilty of an offence⁴. 
3. A person who causes the manslaughter of any person is guilty of an offence⁵.
4. A person (A) commits an offence of manslaughter if A acts in pursuance of a suicide pact between A and another person (B) to kill B or be a party to B being killed by a third person (C).  Where it is shown that A killed B or was a party to B being killed, it shall be for the defence to prove that the person charged was acting in pursuance of suicide pact between A and B⁶.

3 Endangering life or inflicting bodily harm.

1. A person who maliciously by any means whatsoever attempts⁷ to cause serious injury to any person, whether any bodily injury be effected or not, is guilty of an offence⁸.
2. A person who, by reckless or careless activity, or other wilful or malicious misconduct⁹ , causes any serious injury to any person is guilty of an offence¹⁰.
3. A person who maliciously prevents or impedes any person from endeavouring to save their own or another person’s life in a life threatening situation¹¹ is guilty of an offence.
4. A person who maliciously
   • sets or places, or cause to be set or placed, any explosive device, spring gun, man trap, or other engine or
   • sets or places, or cause to be set or placed, any obstruction or
   • takes up, removes, or displaces any object, or
   • turns, moves, or diverts any controls, or
   • makes or shows, hides or removes, any signal or light, or
   • being legally liable to provide for any person or child necessary food, clothing, or lodging, refuses or neglects to provide sufficient of the same, so that the life of such person or child shall be endangered, or the health of such dependent shall have been or shall be likely to be permanently injured,
   • or cause to be done any other matter or thing, ¹²

with intent to endanger the safety of any person, whether any bodily injury be effected or not¹³, is guilty of an offence¹⁴.

5. A person who, by any unlawful act or by any wilful omission or neglect¹⁵,

• endangers the safety of any person or
• causes any serious injury to any person.

shall be guilty of an offence¹⁶.

6. Nothing¹⁷  in this section shall make it unlawful to set or place, or cause to be set or placed, provided that due care is taken to the safety of people¹⁸ :

• any gin¹⁹ or trap such as may have been or may be usually set or placed with the intent of destroying vermin
• from sunset to sunrise, any spring gun, man trap, or other engine in a dwelling house, for the protection thereof.

4 Sexual Offences

5 Make incapable of resistance in order to commit an offence²⁰

1. A person (person A) who, by any means whatsoever, attempts to render any other person insensible, unconscious, or incapable of resistance, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence is guilty of an offence.

6 Common assault and battery²¹

(1)      Common assault and battery shall be summary offences²².

(2) Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).

7 Resistance or obstruction²³

1. A person who unlawfully forces, obstructs or prevents or endeavours to obstruct or prevent any person, with intent to deter or hinder that person from their normal activities is guilty of an offence.

8 Threats

1. A person (A) who maliciously and unlawfully threatens to kill a person (B) or a third person, intending that person (B) would fear the threat would be carried out²⁴ is guilty of an offence.
2. A person (A) who unlawfully threatens the use of violence or force to obstruct or prevent any person with intent to deter or hinder that person from their normal activities is guilty of an offence.²⁵ 

9 Abuse

10 Torment²⁶ 

11 Concealing the death of a person²⁷

1. A person who endeavours to conceal the death of a stillborn child is guilty of an offence.

12 Abduction, kidnap or wrongful imprisonment

13 Slavery, servitude and forced or compulsory labour²⁸ 

14 Bigamy²⁹

1. A person who, being married, marries any other person during the life of the former husband or wife is guilty of an offence.
2. Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of His Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past³⁰], and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.

15 Making³¹ or having substance, tools, &c., with intent to commit an offence

1. A person who knowingly has in his possession, or supplies or makes or manufactures, any drugs, explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, documents, software,³² or thing, with intent by means thereof to commit, or for the purpose of enabling any other person to commit, any of the offences mentioned in this Act is guilty of an offence.

16 Causing³³, arranging or facilitating commission of an offence³⁴

1. A person is guilty of an offence if—

• that person intentionally causes, aids, abets, arranges, counsels, procures the commission or facilitates³⁵ something that that person intends to do, intends another person to do, or believes that another person will do, or solicits, encourages, forces, persuades, conspires, incites, endeavours to persuade, procures the commission or shall propose to any person, to commit any offence³⁶ in this Act in any part of the world, and
• doing it will involve the commission or support of an offence under a section of this Act.

17 Offences committed abroad

1. Schedule 8 defines offences against the person committed by a person when outside of the United Kingdom.

18 Civil remedy

19 General interpretation

1. Nothing in this Act contained shall extend to Scotland³⁷, except as herein-before expressly provided.

20 Short title, commencement and extent.

1. This Act may be cited as the Offences Against the Person Act 2025.
2. This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes. 

SCHEDULE 1
Sentences applicable

Enactment creating offence	Sentence
Section2 (Killing a person)
– Destroy unborn child	Imprisonment for life.  However, A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (not- withstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct38.
– Murder	Imprisonment for life.  However, A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (not- withstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct38.
– Abortion	Imprisonment for life.  However, A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (not- withstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct38.
– Manslaughter	There is no mandatory sentence for the offence of manslaughter. Sentencing is at the judge’s discretion.
Section 3 (Endangering life or inflicting bodily harm)
– Serious injury	Imprisonment for life41
– Reckless serious injury	Imprisonment not exceeding two years.
– Prevent life saving.	Imprisonment not exceeding fourteen years42
– Set explosives etc.	Imprisonment for life43
– Neglect/omission	Imprisonment not exceeding two years.
Section 5 (Make incapable of resistance in order to commit an offence)	Imprisonment for life44.45 – on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; – on conviction on indictment, to imprisonment for a term not exceeding 10years.
Section 646 (Common assault47 and battery)	A fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months48, or to both, unless assaulting: – any person with intent to prevent the lawful apprehension or detainer of himself or of any other person for any offence.: Imprisonment not exceeding two years49. – an emergency worker acting in the exercise of functions as such a worker: on summary conviction, to imprisonment for a term not exceeding 12 months50, or to a fine, or to both; on conviction on indictment, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.
Section 7 (Resistance or obstruction)51	A fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months52, or to both, unless assaulting: – any person with intent to resist or obstruct the lawful apprehension or detainer of himself or of any other person for any offence: Imprisonment not exceeding two years53. -an emergency worker acting in the exercise of functions as such a worker: on summary conviction, to imprisonment for a term not exceeding 12 months54, or to a fine, or to both; on conviction on indictment, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.
Section 8 (Threats)55
– Threat to kill	On conviction on indictment Imprisonment for a term not exceeding ten years56
– Threat to use violence	Imprisonment for a term not exceeding 12 months57.
Section 11 (Concealing the death of a person)	Imprisonment for a term not exceeding two years58
Section 14 (Bigamy)	Imprisonment for a term not exceeding seven years
Section 15 (Making or having substance, tools, &c., with intent to commit any offence under this Act)	At the discretion of the court, to be imprisoned for any term not exceeding two years59
Section 16 (Arranging or facilitating commission of an offence)	The sentence applied will be the one applicable to the relevant offence

SCHEDULE 2
Exclusions associated with the killing of a person

1 Destruction of an unborn child

1. No person shall be found guilty of an offence under section (2), subsection 1 unless it is proved that the act which caused the death of a child was not done in good faith for the purpose only of preserving the life of the mother.
2. For the purposes of subsection 1, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be primâ facie proof that she was at that time pregnant of a child capable of being born alive⁶⁰.

SCHEDULE 3
Position of Trust

SCHEDULE 4
Family relationships

SCHEDULE 5
Care workers

SCHEDULE 6
Provisions related to Section 4 (Sexual Offences)

SCHEDULE 7
Modifications of Section 4 For Children in Certain Cases

SCHEDULE 8
Offences Outside of the UK⁶¹

1. If—
   • a United Kingdom national does an act in a country outside the United Kingdom, and
   • the act, if done in England and Wales would constitute an offence defined in the Offences Against the Person Act 2024, the United Kingdom national is guilty in England and Wales of that offence.
2. If—
   • a United Kingdom resident does an act in a country outside the United Kingdom,
   • the act constitutes an offence under the law in force in that country, and
   • the act, if done in England and Wales would constitute an offence to which this section applies, the United Kingdom resident is guilty in England and Wales of that offence.
3. If—
   • a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,
   • the act constituted an offence under the law in force in that country¹,
   • the act, if done in England and Wales would have constituted an offence to which this section applies, and
   • the person meets the residence or nationality condition at the relevant time,
   • proceedings may be brought against the person in England and Wales for that offence as if the person had done the act there.
4. The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.
5. An act punishable under the law in force in any country1 constitutes an offence under that law for the purposes of subsections (11) however it is described in that law.
6. The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
   • stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant’s opinion met,
   • showing the grounds for that opinion, and
   • requiring the prosecution to prove that it is met.
7. But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).
8. In the Crown Court the question whether the condition is met is to be decided by the judge alone.

SCHEDULE 9
Repeals

Chapter	Short title	Extent of Repeal
c. 100	Offences Against the Person Act, 1861	The whole Act
C. 34 19 and 20 Geo 5	Infant Life (Preservation) Act 1929	The whole Act

SCHEDULE 10
Consequential Amendments

Chapter	Short title	Extent of amendment
	All Acts that refer to any of the Sections of the Offences Against the Person Act, 1861	Amend the relevant Acts to refer to relevant sections of this Act.
	Criminal Justice Act 1988?	Updated appropriately62 to reflect OaP 1861, section 45 so that the whole of OaP 1861 can be repealed.
	Criminal Justice Act 1988?	Updated appropriately63 to reflect OaP 1861, section 65 so that the whole of OaP 1861 can be repealed.
	Colonial Courts of Admiralty Act 1890??	Updated appropriately64 to reflect OaP 1861, section 68 so that the whole of OaP 1861 can be repealed.
	Magistrates’ Courts Act 1952??	Updated appropriately65 to reflect OaP 1861, section 76 so that the whole of OaP 1861 can be repealed.
c.33	Criminal Justice Act 1988	Delete Section 39

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Footnotes:

1. E.g. “misdemeanour” replaced by “offence” ↩︎
2. Should Schedule 8 apply to the whole Act (in OaP 1861, it applies to only murder) ↩︎
3. Source: Infant Life (Preservation) Act 1929 ↩︎
4. OAP Act, 1861, section 58.  Text redrafted, using the definition of “abortion” (which covers part of OAP Act, 1861, section 58)  and also bringing into reference the Abortion Act 1967. ↩︎
5. From OaP 1861 (5) ↩︎
6. From Homicide Act, 1957, redrafted to aid clarity ↩︎
7. Is this offence required, or is it covered by the Criminal Attempts Act 1981? ↩︎
8. This subsection is taken from OAP Act, 1861, section 18. Note
   by using the defined word “malicious” , we remove the need to say “with intent to resist or prevent the lawful apprehension or detainer of any person”
   OAP Act, 1861, section 20 is covered by this section, leaving to the courts a decision on severity and sentencing.
   This paragraph also based on OAP Act, 1861, sections 23 and 24, leaving to the courts a decision on severity and sentencing. Section 25 is no longer required as a result of this change.
   OAP Act, 1861, section 28, 29, 33, 34 are covered by this section, removing the unnecessary details about gunpowder, explosion casting stone, throwing corrosive substance, etc.
   OAP Act, 1861, section 31 is covered by this section (The latter part of section 1 is included as the last paragraph of this section). ↩︎
9. This paragraph covers OAP Act, 1861, section 35. ↩︎
10. Added to reflect the OaP 1861 clause 47. ↩︎
11. This paragraph taken from OAP Act, 1861, section 17, but generalising it (was focused on a shipwreck). ↩︎
12. Words added to make more generally applicable (e.g. to cars, airplanes) the offences from OaP 1861 (32) and (33) ↩︎
13. These words taken from OaP 1861 (29).  Should they be used in other offences too? ↩︎
14. This paragraph covers OAP Act, 1861, section 30 and 31, first part ↩︎
15. This paragraph based on OAP Act, 1861, sections 26 and 27 and makes them generally applicable (i.e. not just to apprentices or servants). ↩︎
16. This paragraph covers OAP Act, 1861, section 34, making it more general (removing the specific reference to a railway) and making it clear that actually causing bodily harm by omission/neglect is also an offence. ↩︎
17. This paragraph covers the latter part of OAP Act, 1861, section 31. ↩︎
18. Reworded to emphasise the need for due care in relation to people. ↩︎
19. Is this word no longer applicable? ↩︎
20. This section is based on OAP Act, 1861, sections 21 and 22 – making the purpose of the paragraph more general.  It also covers section 61 of the Sexual Offences Act, 2003, but note: Sexual Offences Act, 2003 (c. 42), section 61 defines a very similar offence, but with a different sentence – see its Schedule 1.  Should these offences be combined? ↩︎
21. This section originates from OaP 1861 (42, 47), but overlaps with Criminal Justice Act, 1988 (Section 39). It is thought to be most appropriate to document “assault” here and remove it from the Criminal Justice Act, 1988 (Section 39). ↩︎
22. From Criminal Justice Act, 1988 (Section 39) and OaP 1861 (47). ↩︎
23. This section was created to separate actual resistance/obstruction from the threat of resisting/obstructing (see section 8 for the threat).  It is based on OAP Act, 1861, sections 36, 37, 38, 39, 40 and 42 .  The intent being to generalise and clarify what the offence is.  It might be appropriate for the sentence to give penalties according to who has been obstructed (e.g. a threat to a policeman could lead to a longer sentence). ↩︎
24. Based on OAP Act, 1861, sections 16.  Wording simplified to make it clearer. ↩︎
25. This section is based on OAP Act, 1861, sections 36, 37, 38, 39, 40  and 42.  The intent being to generalise and clarify the offence.  It might appropriate for the sentence to give penalties according to who has been assaulted (e.g. a policeman would lead to a longer sentence). ↩︎
26. A new section with the aim of covering non- aggressive, but “upsetting” activities by A upon B. ↩︎
27. Based on OAP Act, 1861, section 60 ↩︎
28. Based on Modern Slavery Act 2015 ↩︎
29. Based on OAP Act, 1861, section 57. ↩︎
30. Is this in line with other Acts? ↩︎
31. Based on OAP Act, 1861, sections 57 and 64.  Text made more general. ↩︎
32. Added to reflect that people could be incited to commit offences through what they read in documents or on the internet. ↩︎
33. New/based on OaP 1861 (4).  See, for example, the Sexual Offences Act, 2003, sections (8), (10), (14) and (17).  This has a side effect of increasing (rightly?) the sentence associated with Sexual Offences Act, 2003, section (17). ↩︎
34. New.  This section makes this specific offence an offence in every section of this Act. Note that the Criminal Attempts Act 1981 covers an attempt to perform any offence. ↩︎
35. This word is used to reflect the phrase “wilfully permit” used in OaP 1861 (31) ↩︎
36. Words from OaP 1861 (4) ↩︎
37. It’s disappointing to find that Scotland (and the rest of the world?) can not agree on defining the same offences as defined here. Might it be that Scotland would prefer different sentences for the offences, in which case it would be easier for the population to see the offences simply documented here (n one place for the UK) and the sentences for offences in Scotland defined in a Schedule to this Act. ↩︎
38. From section 53 of the Children and Young Persons Act 193 3 1937 c. 37. and section 57 of the Children and Young Persons (Scotland) Act 1937. ↩︎
39. From section 53 of the Children and Young Persons Act 193 3 1937 c. 37. and section 57 of the Children and Young Persons (Scotland) Act 1937. ↩︎
40. From section 53 of the Children and Young Persons Act 193 3 1937 c. 37. and section 57 of the Children and Young Persons (Scotland) Act 1937. ↩︎
41. Source: OAP Act 1861.  Note that OaP Act 1861, section 23 states the sentence for poisoning is “Imprisonment not exceeding 10 years” and OaP Act 181, section 20 states “imprisonment for not longer than 7 years” for NI. ↩︎
42. Is it really appropriate to have a shorter term than life for such an aggressive crime? ↩︎
43. Source: OAP Act 1861 ↩︎
44. This offence covers the Sexual Offences Act, 2003 sections 61 and 62.  However, the Sexual Offences Act, 2003 gave a shorter (10 year) sentence which is inconsistent and corrected here. ↩︎
45. Note: Sexual Offences Act, 2003 (c. 42), section 61 defines a very similar offence, but with a different sentence.  Should these offences be combined? ↩︎
46. This sentence is proposed, based on a simplification of several sentences defined in several Acts. ↩︎
47. Note that OaP 1861 (47) states the sentence should be imprisonment for a term not exceeding 2 years. ↩︎
48. Source: Criminal Justice Act, 1988 (Section 39) ↩︎
49. Source: OAP Act, 1861, sections 38. ↩︎
50. Source: Assaults on Emergency Workers (Offences) Act, 2018. While a Prison Custody Officer is identified in the Assaults on Emergency Workers (Offences) Act, 2018 as an “emergency worker”, the Criminal Justice Act 1991, 90(1) also specifies an offence of assault against a prison custody officer, but with a shorter (6 month) sentence.  Inconsistency needs to be resolved! ↩︎
51. This sentence is proposed, based on a simplification of several sentences defined in several Acts. ↩︎
52. Source: Criminal Justice Act, 1988 (Section 39) ↩︎
53. Source: OAP Act, 1861, sections 38. ↩︎
54. Source: Assaults on Emergency Workers (Offences) Act, 2018. While a Prison Custody Officer is identified in the Assaults on Emergency Workers (Offences) Act, 2018 as an “emergency worker”, the Criminal Justice Act 1991, 90(1) also specifies an offence of assault against a prison custody officer, but with a shorter (6 month) sentence.  Inconsistency needs to be resolved! ↩︎
55. This sentence is proposed, based on a simplification of several sentences defined in several Acts. ↩︎
56. From OAP Act, 1861, sections 16 ↩︎
57. This sentence proposed as it is in line with other sentences proposed here, but higher sentences are defined in current legislation. ↩︎
58. New/proposal ↩︎
59. Recommend moving the penalty to another Act ↩︎
60. Based on Infant Life (Preservation) Act, 1929.  These sections are NOT applicable in Scotland or NI.  Are these sections superseding or replacing (2) above ↩︎
61. This schedule originates from the Sexual Offences Act 2003 (72) and replaces the OaP 1861 (9), making it clear that all offences against the person are affected by this requirement. ↩︎
62. I’m not sure which Act needs to be updated and what wording may be required to replace Section 45 of the OaP. ↩︎
63. I’m not sure which Act needs to be updated and what wording may be required to replace Section 65 of the OaP. ↩︎
64. I’m not sure which Act needs to be updated and what wording may be required to replace Section 68 of the OaP. ↩︎
65. I’m not sure which Act needs to be updated and what wording may be required to replace Section 76 of the OaP. ↩︎