B1343 - Non-fatal Offences (Reform) Bill 2018

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DayneD89
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B1343 - Non-fatal Offences (Reform) Bill 2018, Vitiate MP, Seconded by CatusStarbright (LIBER), Connor27 (IND)
A
BILL
TO
Reform the non-fatal offences to ensure legal certainty in the conviction of the non-fatal offences named herein.

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:

1: Definitions
(1) For the purposes of this Act; apprehension is to have anxiety or fear of unlawful force or violence.
(2) For the purposes of this Act; actual bodily harm is any harm calculated to interfere with the health or comfort of the victim.
(3) For the purposes of this Act; wounding is where there is a serious break in the continuity of the skin.

2: Repeals:
(1) Section 39 of the Criminal Justice Act 1988 is hereby repealed.
(2) Section 47 of the Offences against the Person Act 1861 is hereby repealed.
(3) Section 20 of the Offences against the Person Act 1861 is hereby repealed.
(4) Section 18 of the Offences against the Person Act 1861 is hereby repealed.
(6) Section 16 of the Offences against the Person Act 1861 is hereby repealed.

3: Assault
(1) Any person who causes the victim to apprehend unlawful force or violence or is reckless as to such fear being caused is guilty of an offence and shall be liable, on indictment, up to 6 months imprisonment.

4: Battery
(1) Any person who inflicts unlawful force or violence upon another or is reckless as to such force or violence being used shall be guilty of an offence and shall be liable, on indictment, to imprisonment not exceeding 12 months.

5: Assault or battery occasioning actual bodily harm
(1) Any person who commits an assault or battery that causes actual bodily harm or is reckless as to such harm being caused shall be guilty of an offence and shall be liable, on indictment, to imprisonment for a term not exceeding 5 years.

6: Grievous bodily harm and wounding with or without a weapon or instrument
(1) Any person who wounds or causes any grievous bodily harm, with or without a weapon or instrument, or recklessness as to such wounds or grievous bodily harm being caused shall be guilty of an offence and shall be liable, on indictment, to imprisonment up to and including life imprisonment.

7: Threats to Kill
(1) Any person who makes a death threat to another, intending to cause the other fear of death, or the recklessness as to such fear being caused shall be guilty of an offence and shall be liable, on indictment, to imprisonment for a term not exceeding 15 years.

8: Sentencing Council
(1) The Sentencing Council shall amend their guidelines for the new maximum sentencing named in this Act herein.

9: Commencement, Extent and Short Title
(1) This Act shall come into force upon Royal Assent.
(2) This Act shall extend to the whole of the United Kingdom.
(3) This Act shall be known as the Non-fatal Offences (Reform) Act 2018.
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Joep95
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This bill goes back to baby Vitiate days, vote. Aye
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CountBrandenburg
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Aye, this is a bill that makes sense. I’ll support it in division
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Saunders16
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There are no notes; what does this bill actually do and why should we support it?
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CatusStarbright
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A strong aye. The law in this area has long been in need of clarification and indeed codification since the laws on non-fatal offences have been scattered through both statute and common law. This bill addresses many of the criticisms of the current law, including the issue of there being archaic language in the offences.
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Saracen's Fez
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Notes?
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username2718212
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(Original post by Saracen's Fez)
Notes?
Apologies! I shall amend some notes in the comments here for you benefit.
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username2718212
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Notes:
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This Bill gives much needed reform to an outdated area of the law. It has long since been criticised that the law surrounding non fatals is ambiguous and poorly worded for modern times. This Bill properly rewords definitions of the existing offences whilst combining S18 and 20 into one offence to remove potential confusion in what charges will be bought against a defendant. Not only this but the sentencing has been given a more logical touch. Furthermore, the definition of wounding has been amended as it is outrageous that a person can, legally speaking, be convicted of a S18 or 20 offence for a paper cut.

The following sections have been repealed:
Section 39 of the Criminal Justice Act 1988
Section 47 of the Offences against the Person Act 1861
Section 20 of the Offences against the Person Act 1861
Section 18 of the Offences against the Person Act 1861
Section 16 of the Offences against the Person Act 1861
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Unown Uzer
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Aye
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Saunders16
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(Original post by Vitiate)
Notes:
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This Bill gives much needed reform to an outdated area of the law. It has long since been criticised that the law surrounding non fatals is ambiguous and poorly worded for modern times. This Bill properly rewords definitions of the existing offences whilst combining S18 and 20 into one offence to remove potential confusion in what charges will be bought against a defendant. Not only this but the sentencing has been given a more logical touch. Furthermore, the definition of wounding has been amended as it is outrageous that a person can, legally speaking, be convicted of a S18 or 20 offence for a paper cut.

The following sections have been repealed:
Section 39 of the Criminal Justice Act 1988
Section 47 of the Offences against the Person Act 1861
Section 20 of the Offences against the Person Act 1861
Section 18 of the Offences against the Person Act 1861
Section 16 of the Offences against the Person Act 1861

In this case, I will be voting in favour unless anybody can convince me otherwise.
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Connor27
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I will of course be voting aye on this, hence why I seconded it.
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username1450924
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Will take some time to read up on this tomorrow, tentative aye for now.
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Thrillanthropist
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Probably aye from me too
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Jammy Duel
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Do the sentences match current sentences? If so it sounds like this is basically just updating definitions which seems a tad unnecessary.
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username2718212
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(Original post by Jammy Duel)
Do the sentences match current sentences? If so it sounds like this is basically just updating definitions which seems a tad unnecessary.
No, sentencing has been amended.
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Jammy Duel
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(Original post by Vitiate)
No, sentencing has been amended.
Thought so, from what to what in each instance?
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The PoliticalGuy
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An obvious aye from me
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username2718212
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(Original post by Jammy Duel)
Thought so, from what to what in each instance?
With assault, that is the one of two to have remained the same with six months.

I have increased battery from six months to twelve.

Actual bodily harm has remained the same with five years.

GBH (S18 and 20) have been combined with a maximum penalty of life imprisonment.

Threats to kill has been increased from 10 years to 15.
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DayneD89
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Division!

Clear the Lobbies!
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