1. Intentional serious injury.
2. Reckless serious injury.
3. Intentional or reckless injury.
4. Assault.
5. Assault on a constable.
6. Causing serious injury to resist arrest etc.
7. Assault to resist arrest etc. Dangerous substances

8. Dangerous substances: intending or risking serious injury.
9. Dangerous substances: intending or risking injury. Other offences

10. Threats to kill or cause serious injury.
11. Administering a substance capable of causing injury.
12. Torture.
13. Causing danger on railways. Meaning fault terms and of injury

14. Meaning of fault terms.
15. Meaning of injury. Matters affecting liability

16. Supervening fault.
17. Transferred fault.
18. General defences etc.
19. Effect of voluntary intoxication.
20. Attempts. Charges and verdicts

21. Charging more than one offence.
22. Alternative verdicts. Amendments etc.

23. Abolition of certain common law offences.

Clause
24. Amendments and repeals. General

25. Extent.
26. Commencement.
27. Citation.

SCHEDULES:

Schedule 1-Amendments.

Schedule 2-Repeals.

An Act to amend the law relating to non-fatal offences against the person.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-  Injury and assault

1.- (1) A person is guilty of an offence if he intentionally causes serious injury to another.

(2) A person is guilty of an offence if he omits to do an act which he has a duty to do at common law, the omission results in serious injury to another, and he intends the omission to have that result.

(3) An offence under this section is committed notwithstanding that the injury occurs outside England and Wales if the act causing injury is done in England and Wales or the omission resulting in injury is made there.

(4) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

2. - (1) A person is guilty of an offence if he recklessly causes serious injury to another.

(2) An offence under this section is committed notwithstanding that the injury occurs outside England and Wales if the act causing injury is done in England and Wales.

(3) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

(2) An offence under this section is committed notwithstanding that the injury occurs outside England and Wales if the act causing injury is done in England and Wales.

(3) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

(a) he intentionally or recklessly applies force to or causes an impact on the body of another, or
(b) he intentionally or recklessly causes the other to believe that any such force or impact is imminent.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

 
5.- (1) A person is guilty of an offence if he assaults-

(a) a constable acting in the execution of his duty, or
(b) a person assisting a constable acting in the execution of his duty.

(3) A reference in this section to a constable acting in the execution of his duty includes a reference to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant, or otherwise acting in England and Wales, by virtue of an enactment conferring powers on him in England and Wales.

(4) For the purposes of subsection (3) each of the following is a police force -

(a) a police force within the meaning given by section 50 of the Police (Scotland) Act 1967;
(b) the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve.

6. - (1) A person is guilty of an offence under this section if he causes serious injury to another intending to resist, prevent or terminate the lawful arrest or detention of himself or a third person.

(2) The question whether the defendant believes the arrest or detention is lawful must be determined according to the circumstances as he believes them to be.

(3) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

7. - (1) A person is guilty of an offence if he assaults another intending to resist, prevent or terminate the lawful arrest or detention of himself or a third person.

(2) The question whether the defendant believes the arrest or detention is  lawful must be determined according to the circumstances as he believes them to be.

(3) For the purposes of this section a person assaults if he commits the offence under section 4.

(4) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

8. - (1) A person is guilty of an offence if he acts as mentioned in subsection (2) and-

(a) he intends to cause serious injury, or
(b) he is reckless whether serious injury is caused.

(a) causes an explosive substance to explode,
(b) places a dangerous substance in any place,
(c) delivers or sends a dangerous substance to a person,
(d) throws a dangerous substance at or near a person, or
(e) applies a dangerous substance to a person.

(4) In this section "explosive substance" has the same meaning as in the Explosive Substances Act 1883.

(5) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

9.- (1) A person is guilty of an offence if he acts as mentioned in section 8(2) and-

(a) he intends to cause injury, or risk injury, or
(b) he is reckless whether injury is caused.

[Back to top] Other offences

10. - (1) A person is guilty of an offence if he makes to another a threat to cause the death of, or serious injury to, that other or a third person, intending that other to believe that it will be carried out.

(2) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

(a) he administers a substance to another or causes it to be taken by him and (in either case) he does so intentionally or recklessly,
(b) he knows the substance is capable of causing injury to the other, and
(c) it is unreasonable to administer the substance or cause it to be taken having regard to the circumstances as he knows or believes them to be.

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

(a) in the performance or purported performance of his of official duties as a public official, or
(b) at the instigation or with the consent or acquiescence of a public official who is performing or purporting to perform his official duties.

(a) he omits to do an act which he has a duty to do at common law,
(b) he makes the omission as mentioned in subsection (1)(a) or (b),
(c) the omission results in the infliction of severe pain or suffering on another, and
(d) he intends the omission to have that result.

(a) the nationality of the persons concerned;
(b) whether anything occurs in the United Kingdom or elsewhere;
(c) whether the pain or suffering is physical or mental.

(5) Proceedings for an offence under this section may be instituted only by or with the consent of the Attorney General.

(6) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

13. - (1) A person is guilty of an offence if he intentionally or recklessly causes danger to a person who is on a railway or is being carried on a  railway.

(2) A person is guilty of an offence if he omits to do an act which he has a duty to do at common law, the omission results in danger to a person who is on a railway or is being carried on a railway, and he intends the omission to have that result or is reckless whether it will have that result.

(3) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
 

14. - (1) A person acts intentionally with respect to a result if-

(a) it is his purpose to cause it, or
(b) although it is not his purpose to cause it, he knows that it would occur in the ordinary course of events if he were to succeed in his purpose of causing some other result.

(3) A person intends an omission to have a result if-

(a) it is his purpose that the result will occur, or
(b) although it is not his purpose that the result will occur, he knows that it would occur in the ordinary course of events if he were to succeed in his purpose that some other result will occur.

(5) Related expressions must be construed accordingly.

(6) This section has effect for the purposes of this Act.

15.-(1) In this Act "injury" means-

(a) physical injury, or
(b) mental injury.

(3) Mental injury does not include anything caused by disease but (subject to that) it includes any impairment of a person's mental health.

(4) In its application to section 1 this section applies without the exceptions relating to things caused by disease.

[Back to top] Matters affecting liability

16. - (l) Where it is an offence under this Act to be at fault in causing a result by an act and a person lacks the fault required when he does an act that may cause or does cause the result, he nevertheless commits the offence if-

(a) being aware that he has done the act and that the result may occur or (as the case may be) has occurred and may continue, and
(b) with the fault required,

(2) Where it is an offence under this Act to be at fault in causing a result by an omission and a person lacks the fault required when he makes an omission that may cause or does cause the result, he nevertheless commits the offence if-

(a) being aware that he has made the omission and that the result may occur or (as the case may be) has occurred and may continue, and
(b) with the fault required,

(3) For the purposes of this section fault is intention or recklessness, and references to a person being at fault must be construed accordingly.

(4) Common law rules relating to matters provided for in this section do not apply to offences under this Act.

17. - (1) This section applies in determining whether a person is guilty of  an offence under this Act.

(2) A person's intention, or awareness of a risk, that his act will cause a result in relation to a person capable of being the victim of the offence must be treated as an intention or (as the case may be) awareness of a risk that his act will cause that result in relation to any other person affected by his act.

(3) A person's intention, or awareness of a risk, that his omission will have a result in relation to a person capable of being the victim of the offence must be treated as an intention or (as the case may be) awareness of a risk that his omission will have that result in relation to any other person affected as a result of his omission.

(4) Common law rules relating to matters provided for in this section do not apply to offences under this Act.

18. - (1) The provisions of this Act have effect subject to any enactment or rule of law providing-

(a) a defence, or
(b) lawful authority, justification or excuse for an act or omission.

(a) in relation to pain or suffering inflicted in the United Kingdom, lawful authority, justification or excuse under the law of the part of  the United Kingdom where it was inflicted;
(b) in relation to pain or suffering inflicted outside the United Kingdom by (or as a result of an omission by) a United Kingdom official acting under the law of the United Kingdom or any part of the United Kingdom, lawful authority, justification or excuse under that law;
(c) in any other case, lawful authority, justification or excuse under the law of the place where the pain or suffering was inflicted.

19. - (1) For the purposes of this Act a person who was voluntarily intoxicated at any material time must be treated-

(a) as having been aware of any risk of which he would have been aware had he not been intoxicated, and
(b) as having known or believed in any circumstances which he would have known or believed in had he not been intoxicated.

(3) A person is voluntarily intoxicated if-

(a) he takes an intoxicant otherwise than properly for a medicinal purpose,
(b) he is aware that it is or may be an intoxicant, and
(c) he takes it in such a quantity as impairs his awareness or understanding.

(a) the intoxicant is not taken on medical advice, and the taker is aware that the taking may result in his doing an act or making an omission capable of constituting an offence of the kind in question, or
(b) the intoxicant is taken on medical advice, but the taker fails then or afterwards to comply with any condition forming part of the advice and he is aware that the failure may result in his doing an act or making an omission capable of constituting an offence of the kind in question.

(6) An intoxicant is any alcohol, drug or other thing which, when taken into the body, may impair the awareness or understanding of the person taking it.

(7) A person must be treated as taking an intoxicant if he permits it to be administered to him.

20. - (1) This section applies for the purpose of deciding whether a person is guilty under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under this Act.

(2) For that purpose a person acts with intent with respect to a result if-

(a) it is his purpose to cause it, or
(b) although it is not his purpose to cause it, he knows that it would occur in the ordinary course of events if he were to succeed in his purpose of causing some other result.

21. -  For the purposes of the rules against charging more than one offence in the same count or information, each of sections 1 to 13 creates one offence.

22. - (1) For the purposes of the application of section 6(3) of the Criminal Law Act l967 (alternative verdicts) to the trial of a person on  indictment for any offence under this Act, an allegation in the indictment of intention includes an allegation of recklessness.

(2) If on the trial on indictment of a person charged with an offence under section 1, 2, 3, 6 or 7 the jury find him not guilty of the offence charged, they may (without prejudice to section 6(3) of the Criminal Law Act 1967) find him guilty of an offence under section 4.

(3) If on the summary trial of a person charged with an offence under section 2 the magistrates' court find him not guilty of that offence, they may find him guilty of an offence under section 3 or 4.

(4) If on the summary trial of a person charged with an offence under section 3, 5 or 7 the magistrates' court find him not guilty of that offence, they may find him guilty of an offence under section 4.

(5) If-

(a) on the summary trial of a person charged with an offence under section 2 the magistrates' court convict him of that offence and  make no decision whether he is guilty of an offence under section 3 or 4, and
(b) he appeals to the Crown Court against the conviction,

(6) If-

(a) on the summary trial of a person charged with an offence under section 3, 5 or 7 the magistrates' court convict him of that offence and make no decision whether he is guilty of an offence under section 4, and
(b) he appeals to the Crown Court against the conviction,

23. -  The following common law offences are abolished-

(a) common assault;
(b) battery;
(c) mayhem.

(2) The enactment's mentioned in Schedule 2 are repealed to the extent specified.
 

[Back to top] General

25. -(1) Subject to subsection (2), this Act extends to England and Wales only.

(2) Paragraph 45 of Schedule 1 extends to Scotland only.

26. - (1) Sections 1 to 22 apply in relation to acts or omissions done or made on or after the appointed day.

(2) Nothing in section 23 applies in relation to an act or omission done or made before the appointed day.

(3) No amendment or repeal made by Schedule 1 or 2 applies in relation to an act or omission done or made before the appointed day.

(4) If an act or omission is alleged to have been done or made over a period of two or more days, or at some time in a period of two or more days, it must be taken for the purposes of this section to have been done or made on the last of those days.

(5) The appointed day is such day as the Secretary of State appoints for the purposes of this Act by order made by statutory instrument.

27. This Act may be cited as the Offences Against the Person Act 1998.

[Back to top]

SCHEDULES

1. In section 2 of the Night Poaching Act 1828 (power to seize offenders) insert at the end-

"For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

2. In section 56 of the London Hackney Carriage Act 1831 (assault of officers) insert at the end-

"For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

3. In section 2 of the Piracy Act 1837 (piracy when murder is attempted) insert at the end-

"For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

4.-(1) The Markets and Fairs Clauses Act 1847 is amended as follows.

(2) In section 16 (assault of appointed persons) insert at the end-

"For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

"For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

5. The following provisions of the Offences against the Person Act 1861 shall cease to have effect-

(a) section 16 (threats to kill);
(b) section 17 (impeding saving from shipwreck);
(c) section 18 (wounding with intent to do grievous bodily harm etc.):
(d) section 20 (inflicting bodily injury);
(e) section 21 (attempting to choke etc.);
(f) section 22 (using drugs to commit indictable offence etc.);
(g) sections 23 to 25 (administering poison etc.);
(h) section 26 (not providing servants with food etc.);
(i) section 27 (exposing a child etc.);
(j) section 28 (causing bodily injury by gunpowder etc.);
(k) section 29 (exploding gunpowder etc.);
(l) section 30 (placing gunpowder near building etc.).

(a) for "inflict grievous bodily harm" (where first occurring) substitute "cause serious injury", and
(b) for "inflict grievous bodily harm upon" substitute "cause serious injury to".

7. Sections 32 to 34 of the Offences against the Person Act 1861 (acts intended to endanger railway passengers etc.) shall cease to have effect.

8.(1) Section 35 of the Offences against the Person Act 1861 (harm by furious driving etc.) is amended as follows.

(2) For "do or cause to be done any bodily harm" substitute "cause any injury".

(3) At the end insert-

"In this section "injury" has the same meaning as in the Offences Against the Person Act 1998 (ignoring section 15(4))."

10.-(1) Section 6 of the Parks Regulation Act 1872 (assault on park constable) is amended as follows.

(2) For "is convicted of an assault on" substitute "assaults".

(3) At the end insert-

"For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

11. In section 18 of the Stamp Duties Management Act 1891 (assault of authorised person) insert after subsection (4) -

(5) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

12.-(1) The Children and Young Persons Act 1933 is amended as follows.

(2) In section 1 (cruelty to persons under 16) insert after subsection (1) -

"( 1A) For the purposes of this section to assault is to-
(a) apply force to or cause an impact on the body of another, or
(b) cause the other to believe that any such force or impact is imminent."

(4) In Schedule 1 (offences against children and young persons with respect to which special provisions of that Act apply) for "Common assault, or battery" substitute-
"Any offence under section 4 of the Offences Against the Person Act 1998 (assault)"

13. In the Schedule to the House to House Collections Act 1939 (offences justifying refusal or revocation of licence) at the end add "Offences under section 3 of the Offences Against the Person Act 1998." Visiting Forces Act 1952 (c.67)

14.(1) Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences against the person subject to restrictions on trial in the United Kingdom) is amended as follows.

(2) In sub-paragraph (a) omit "and assault".

(3) In sub-paragraph (b) at the end add-

"(xiii) the Offences Against the Person Act 1998, except sections 5 (assault on a constable) and 12 (torture)"

15. In section 59 of the Post Office Act 1953 (false information of assault etc.) insert at the end-

"For the purposes of this section to assault is to-
(a) apply force to or cause an impact on the body of another, or
(b) cause the other to believe that any such force or impact is imminent."

16.(1) The Sexual Offences Act 1956 is amended as follows.

(2) In section 14 (indecent assault on a woman) insert after subsection (4) -

"(5) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

"(3A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

"(1A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

"(2A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

17.  In section 7A of the Marine etc.Broadcasting (Offences) Act 1967 (assaults on officers) insert after subsection (8) -

"(8A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

18.(1) Section 6 of the Criminal Law Act 1967 (trial of offences) is amended as follows.

(2) In subsection (2)(a) for "causing grievous bodily harm with intent to do so" substitute "an offence under section I of the Offences Against the Person Act 1998 (intentional serious injury)".

(3) In subsection (4) omit "assault or other". Sexual Offences Act 1967 (c.60)

19. In section 7 of the Sexual Offences Act 1967 (time limit on prosecution) after subsection (2) insert-

"(3) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

20.(1) The Sea Fish (Conservation) Act 1967 is amended as follows.

(2) In section 15 (assaults on officers) insert after subsection (3) -

"(3A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

"(1B) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

21. In Schedule 1 to the Firearms Act 1968 (offences to which provisions relating to use of firearm to resist arrest apply) after paragraph 2A insert-

"2B. Offences under any of the following provisions of the Offences Against the Person Act 1998-
section 2 (reckless serious injury);
section 3 (intentional or reckless injury);
section 5 (assault on a constable);
section 7 (assault to resist arrest etc.);
section 9 (dangerous substances: intending or risking injury);
section 11 (administering a substance capable of causing injury);
section 13 (causing danger on railways)."

22.(1) The Theft Act 1968 is amended as follows.

(2) In section 8 (robbery) insert after subsection (2) -

"(3) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

(a) in subsection (1)(b)for "inflicts or attempts to inflict on any person therein any grievous bodily harm" substitute "causes or attempts to cause any person therein serious injury (within the meaning of the Offences Against the Person Act 1998. ignoring section 15(4))", and
(b) in subsection (2) for "inflicting on any person therein any grievous bodily harm" substitute "intentionally causing serious injury to another therein contrary to section 1(1) of the Offences Against the Person Act 1998'-.

23. In section 10 of the Sea Fisheries Act 1968 (assaults on officers) insert after subsection (2A) -

"(2B) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

24.-(1) Section 44 of the Powers of Criminal Courts Act 1973 (driving 10 disqualification when vehicle used for purposes of crime) is amended as follows.

(2) In subsection (1A) for "common assault or of any other offence involving an assault" substitute "an offence under section 4 of the Offences Against the Person Act 1998 (assault) or of an offence involving an offence under that section".

(3) In subsection (2A) for"assault" substitute "offence". Greater London Council (General Powers) Act 1973 (c.xxx)

25. In section 13 of the Greater London Council (General Powers) Act 1973 (assaults on officers) insert at the end-

"For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

26. In section 21 of the Greater London Council (General Powers) Act 1974 (removal of vehicles for street cleansing) insert after subsection (6) -

"(6A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

27. In section 2(1) of the Domestic Violence and Matrimonial Proceedings Act 1976 (arrest for breach of injunction) for "actual bodily harm" substitute "injury (within the meaning of the Offences Against the Person Act 1998, ignoring section
15(4))". Internationally Protected Persons Act 1978(c.17)

28. In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons) in subsection (1)(a)-

(a) omit "occasioning actual bodily harm or", and
(b) after "Explosive Substances Act 1883" insert "or section 1,2,3,6,8,9 or 11 of  the Offences Against the Person Act 1998".

29.(1) The Suppression of Terrorism Act 1978 is amended as follows.

(2) In section 4 (jurisdiction in respect of offences committed outside United Kingdom) in subsection (1)(a) after "5," insert "8A(e) or (f),".

(3) In Schedule 1 (list of offences) in paragraph 6 (assault occasioning actual bodily harm or causing injury) omit "occasioning actual bodily harm or".

(4) In that Schedule, after paragraph 8 insert-

"8A. An offence under any of the following provisions of the Offences Against the Person Act 1998-
(a) section 1 (intentional serious injury);
(b) section 2 (reckless serious injury);
(c) section 3 (intentional or reckless injury);
(d) section 6 (causing serious injury to resist arrest etc.);
(e) section 8 (dangerous substances: intending or risking serious injury);
(f) section 9 (dangerous substances: intending or risking injury);
(g) section 11 (administering a substance capable of causing injury);
(h) section 12 (torture)." Customs and Excise Management Act 1979 (c.2)

30. In section 16 of the Customs and Excise Management Act 1979 (assaults on officers) insert after subsection (1) -

" (1A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

31.(1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 102(8) (which refers to the power to join a count for common assault etc.) for "common assault etc." substitute "assault etc.".

(3) In section 103 (evidence of persons under 14 in committal proceedings for assault etc.) for subsection (2)(a) substitute-

"(a) to an offence which involves an offence under section 4 of the Offences Against the Person Act 1998 (assault) or an offence which involves injury or a threat of injury to a person."

32 -.(1) The Aviation Security Act 1982 is amended as follows.

(2) In section 2 (destroying, damaging or endangering safety of aircraft) in subsection (7)(a) -

(a) for ", culpable homicide or assault" substitute "or culpable homicide", and
(b) after "Explosive Substances Act 1883" insert "or under section 1,2,3,4,6,8 or 11 of the Offences Against the Person Act 1998".

(a) for ", culpable homicide or assault" substitute "or culpable homicide" and
(b) after "Explosive Substances Act 1883" insert "or section 1,2,3,4,6,8 or 11 of  the Offences Against the Person Act 1998".

(a) for ", culpable homicide or assault" substitute "or culpable homicide", and
(b) after "Criminal Damage Act 1971 " insert "or under section 1,2,3,4,6,8 or 11 of the Offences Against the Person Act 1998".

33.-(1) Schedule I to the Criminal Justice Act 1982 (offences excluded from early release) is amended as follows

(2) ln Part I, for paragraph 4 (assault of any description) substitute-

"4. Any offence involving an offence under section 4 of the Offences Against the Person Act 1998."

"OFFENCES AGAINST THE PERSON ACT 1998 (c00) 
• Section 1 (intentional serious injury).
• Section 2 (reckless serious injury).
• Section 3 (intentional or reckless injury).
• Section 4 (assault).
• Section 6 (causing serious injury to resist arrest etc.).
• Section 8 (dangerous substances: intending or risking serious injury).
• Section 10 (threats to kill or cause serious injury).
• Section 11 (administering a substance capable of causing injury).
• Section 12 (torture)."

34. In section 4 of the British Fishing Boats Act 1983 (assaults of officers) insert after subsection (1)

"(1A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

35. In section 1 of the Nuclear Material (Offences) Act 1983 (extended scope of certain offences) in subsection (1)(b) after "Criminal Damage Act 1971" insert "or 25 section 1, 2 or 6 of the Offences Against the Person Act 1998". Telecommunications Act 1984(c.12)

36. In section 46 of the Telecommunications Act 1984 (assaults on persons engaged in business of public telecommunications operator) insert after subsection (1) -

"(1A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

37. In section 14 of the County Courts Act 1984 (assaulting officers of courts) insert after subsection (1) -

"(1A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

38.-(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 80 (competence and comparability of accused's spouse) for subsection (3)(a) substitute-

 "(a) the offence charged is or involves an offence under section 4 of the Offences Against the Person Act 1998 (assault) against the wife or husband of the accused or a person who was at the material time under the age of sixteen, or the offence charged involves injury or a threat of injury to such wife or husband or person; or".

"Offences Against the Person Act 1998 (c.00)
25. Section 12 (torture)."

39.(1) The Criminal Justice Act 1988 is amended as follows.

(2) In session 32 (evidence through television links) for subsection (2)(a)  substitute-

"(a) to an offence under section 4 of the Offences Against the Person Act l998 (assault) or an offence which involves an offence under that section, or an offence which involves injury or a threat of injury to a person;".

"(a) an offence under section 4 of the Offences Against the Person Act 1998 (assault);".

(5) In Schedule 15 (minor and consequential amendments) in paragraph 9 for "that Act" substitute "the Children and Young Persons Act 1933". Aviation and Maritime Security Act 1990 (c.31)

40.- (1) The Aviation and Maritime Security Act 1990 is amended as follows.

(2) In section 1 (endangering safety at aerodromes) in the definition of "act of violence" in subsection (9) -

(a) for ", culpable homicide or assault" substitute "or culpable homicide", and
(b) after "Explosive Substances Act 1883" insert "or under section 1,2,3,4,6,8 or 11 of the Offences Against the Person Act 1998".

(a) for ", culpable homicide or assault" substitute "or culpable homicide'. and
(b) after "Explosive Substances Act 1883" insert "or under section 1,2,3,4,6,8 or 11 of the Offences Against the Person Act 1998".

(a) for ", culpable homicide and assault" substitute "and culpable homicide",  and
(b) after "Explosive Substances Act 1883" insert "and sections 1,2,3,4,6,8 and 11 of the Offences Against the Person Act 1998".

(a) for ", culpable homicide or assault" substitute "or culpable homicide", and
(b) after" Criminal Damage Act 1971 "insert"or under section 1,2, 3, 4,6,8, or 11 of the Offences Against the Person Act 1998".

41.-(1) The Criminal justice Act 1991 is amended as follows.

(2) In section 78 (protection of court security officers) insert after subsection (1)

"(1A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

"(1A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

42. In section 119 of the Railways Act 1993 (security) in the definition of "act of  violence" in subsection (11) -

(a) omit "assault,", and
(b) after "Criminal Damage Act 1971 " insert "or under section 1,2,3, 4,6, 8 or 11 of the Offences Against the Person Act 1998".

43.-(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 13 (protection of custody officers) insert after subsection (2) -

"(2A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

"(3A) For the purposes of this section a person assaults if he commits the offence under section 4 of the Offences Against the Person Act 1998."

44. In section 246 of the Merchant Shipping Act 1995 (interfering with wrecked vessel or wreck) in subsection (3) after paragraph (a) insert-

"(aa) he impedes or hinders or attempts to impede or hinder the saving of any person on board any vessel stranded or in danger of being stranded, or otherwise in distress, on or near any coast or tidal water;".

45.-(1) Schedule 5A to the Criminal Procedure (Scotland) Act 1995 (automatic 35 sentences) is amended as follows.

(2) In paragraph 11 for sub-paragraph (d) substitute-

"(d) an offence under section 1 of the Offences Against the Person Act 1998 (intentional serious injury);
(dd) an offence under section 6 of the Offences Against the Person Act 1998 (causing serious injury to resist arrest etc.);".

"(aa) an offence under section 18 of the Offences against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent);".

46. Section 89(1) of the Police Act 1996 (assaults on constables) shall cease to have effect. Criminal Procedure and Investigations Act 1996 (c.25)

47. In section 1(2) of the Criminal Procedure and Investigations Act 1996 t0 (application of Part I) in paragraph (d) for "(common assault etc.)" substitute "(assault etc.)". Education Act 1996 (c.56)

48. In section 549(1) of the Education Act 1996 (meaning of corporal punishment) for "battery" substitute "an offence under section 4(1)(a) of the 15 Offences Against the Person Act 1998". United Nations Personnel Act 1997 (c. 13)

49. In section I of the United Nations Personnel Act 1997 (attacks on UN workers) in subsection (2) at the end add-

"(d) an offence under section 1, 2, 3, 6, 8, 9 or 11 of the Offences Against the Person Act 1998."

50. In section 2 of the Crime (Sentences) Act 1997 (mandatory life sentence for second serious offence) in subsection (5) after paragraph (c) insert-

"(cc) an offence under section I (intentional serious injury) or section 6 (causing serious injury to resist arrest etc.) of the Offences Against the Person Act 1998;".