Office of Public Sector Information
This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
There are effects on this legislation that have not yet been applied to SLD for the following years: 2005, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.
1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2, 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7, 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Provision for the trial of murder and manslaughter where the death or cause of death only happens in England or Ireland
11—15... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acts causing or tending to cause Danger to Life or Bodily Harm
17. Impeding a person endeavouring to save himself from shipwreck
18.Shooting or attempting to shoot, or wounding with intent to do grievous bodily harm
19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21. Attempting to choke, &c. in order to commit any indictable offence
23. Maliciously administering poison, &c. so as to endanger life or inflict grievous bodily harm
24. Maliciously administering poison, &c. with intent to injure, aggrieve, or annoy any other person
25. If the jury be not satisfied that any person charged is guilty of felony, but guilty of misdemeanor they may find him guilty accordingly
26. Not providing apprentices or servants with food, &c. whereby life is endangered
29. Causing gunpowder to explode, or sending to any person an explosive substance, or throwing corrosive fluid on a person, with intent to do grievous bodily harm
30. Placing gunpowder near a building, with intent to do bodily injury to any person
31. Setting spring guns, &c., with intent to inflict grievous bodily harm
32. Placing wood, &c., on a railway, with intent to endanger passengers
33. Casting stone, &c. upon a railway carriage, with intent to endanger the safety of any person therein
34. Doing or omitting anything to endanger passengers by railway
35. Drivers of carriages injuring persons by furious driving
36. Obstructing or assaulting a clergyman or other minister in the discharge of his duties
37. Assaulting a magistrate, &c. on account of his preserving wreck
38.Assault with intent to commit felony, or on peace officers, &c
39. Assaults with intent to obstruct the sale of grain, or its free passage
41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42.Persons committing any common assault or battery may be imprisoned or compelled by two magistrates to pay fine and costs not exceeding 5l
43. Persons convicted of aggravated assaults on females and boys under fourteen years of age may be imprisoned or fined
44. If the magistrates dismiss the complaint, they shall make out a certificate to that effect
45. Certificate or conviction shall be a bar to any other proceedings
46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50, 51... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54, 55... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Making Gunpowder to commit Offences, and searching for the same
64. Making or having gunpowder, &c., with intent to commit any felony against this Act
65. Justices may issue warrants for searching houses, &c. in which explosive substances are suspected to be made for the purpose of committing felonies against this Act (E+W)
65. Justices may issue warrants for searching houses, &c. in which explosive substances are suspected to be made for the purpose of committing felonies against this Act (N.I.)
66, 67... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68. Offences committed within the jurisdiction of the Admiralty
69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74, 75... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76. Summary proceedings in England may be under the 11 & 12 Vict. c. 43., and in Ireland under the 14 & 15 Vict. c. 93. Except in London and the Metropolitan Police District
77.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person.
[6th August 1861]
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble omitted under authority of Statute Law Revision Act 1892 (c. 19)
C3References to Ireland to be construed as exclusive of the Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2
C4References to penal servitude to be construed as references to imprisonment and references to penal servitude for life to be construed as references to imprisonment for life or any shorter term: Criminal Justice Act 1948 (c. 58), s. 1(1)
X1This Act is not necessarily in the form in which it has effect in Northern Ireland
F1S. 1 repealed by Murder (Abolition of Death Penalty) Act 1965 (c. 71), Sch. and Northern Ireland (Emergency Provisions) Act 1973 (c. 53), s. 31(6), Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 whosoever shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen’s dominions or not, shall be guilty of a misdemeanor, and being convicted thereof shall be liable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 to [F3imprisonment for life]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13
F2Words repealed by Statute Law Revision Act 1892 (c. 19)
F3Words substituted by Criminal Law Act 1977 (c. 45), s. 5(10) (b)
Whosoever shall be convicted of manslaughter shall be liable, at the discretion of the court, to be kept in penal servitude for life . . . F1
F1Words repealed by Statute Law Revision Act 1892 (c. 19) and Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
Where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen’s dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, . . . F1, may be dealt with, inquired of, tried, determined, and punished . . . F1 in England or Ireland . . . F1: Provided, that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of England or Ireland, in the same manner as such person might have been tried before the passing of this Act.
Where any person being [F1criminally] stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England or Ireland, shall die of such stroke, poisoning, or hurt in England or Ireland, or, being [F1criminally] stricken, poisoned, or otherwise hurt in any place in England or Ireland, shall die of such stroke, poisoning, or hurt upon the sea, or at any place out of England or Ireland, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, . . . F2, may be dealt with, inquired of, tried, determined, and punished . . . F2 in England or Ireland . . . F2
F1Word substituted by Criminal Law Act 1967 (c. 58), Sch. 2 para. 6
F2Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F1Ss. 11–15, 19 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years.]
F1S. 16 substituted by Criminal Law Act 1977 (c. 45), Sch. 12
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
Whosoever shall unlawfully and maliciously prevent or impede any person, being on board of or having quitted any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, in his endeavour to save his life, or shall unlawfully and maliciously prevent or impede any person in his endeavour to save the life of any such person as in this section first aforesaid, shall be guilty of felony, and being convicted thereof shall be liable . . . F1 to be kept in penal servitude for life . . . F2
F1Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
F2Words repealed by Statute Law Revision Act 1892 (c. 19) and Statute Law Revision (No. 2) Act 1893 (c. 54)
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, . . . F1 with intent, . . . F1 to do some . . . F1 grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable . . . F2 to be kept in penal servitude for life . . . F3
F1Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F2Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
F3Words repealed by Statute Law Revision Act 1892 (c. 19) and Statute Law Revision (No. 2) Act 1893 (c. 54)
C1Ss. 18, 20, 21, 22, 23, 24, 28, 29, 30 extended by Internationally Protected Persons Act 1978 (c. 17, SIF 39:2), s. 1
C2Ss. 18, 20, 21, 22, 23, 28, 29 extended by Aviation Security Act 1982 (c. 36, SIF 9), s. 6(1)
C3Ss. 18, 20 extended (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 1(1), 8(2); S.I. 1991/1716
C4Ss. 18, 20, 21, 22, 23, 24, 28, 29 applied by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), ss. 11(7), 14(2), 18(2)
C5S. 18 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
X1Unreliable marginal note
F1Ss. 11–15, 19 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . F1 to be kept in penal servitude . . . F1
F1Words repealed by Statute Law Revision Act 1892 (c. 19)
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
C2Ss. 18, 20, 21, 22, 23, 24, 28, 29, 30 extended by Internationally Protected Persons Act 1978 (c. 17, SIF 39:2), s. 1
C3Ss. 18, 20, 21, 22, 23, 28, 29 extended by Aviation Security Act 1982 (c. 36, SIF 9), s. 6(1)
C4Ss. 18, 20 extended (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 1(1), 8(2); S.I. 1991/1716
C5Ss. 18, 20, 21, 22, 23, 24, 28, 29 applied by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), ss. 11(7), 14(2), 18(2)
C6S. 20 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
E1This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, [F1shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding 7 years.]
F1Words in s. 20 substituted (N.I.) (28.9.2004) by The Criminal Justice (No. 2) (Northern Ireland) Order 2004 (S.I.2004/1991(N.I. 15)), art. 4 (1)
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
C2Ss. 18, 20, 21, 22, 23, 24, 28, 29, 30 extended by Internationally Protected Persons Act 1978 (c. 17, SIF 39:2), s. 1
C3Ss. 18, 20, 21, 22, 23, 28, 29 extended by Aviation Security Act 1982 (c. 36, SIF 9), s. 6(1)
C4Ss. 18, 20 extended (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 1(1), 8(2); S.I. 1991/1716
C5Ss. 18, 20, 21, 22, 23, 24, 28, 29 applied by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), ss. 11(7), 14(2), 18(2)
C6S. 20 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
E1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only
Whosoever shall, by any means whatsoever, attempt to choke, suffocate, or strangle any other person, or shall by any means calculated to choke, suffocate, or strangle, attempt 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, shall be guilty of felony, and being convicted thereof shall be liable . . . F1 to be kept in penal servitude for life . . . F1
F1Words repealed by Statute Law Revision Act 1892 (c. 19)
C1Ss. 18, 20, 21, 22, 23, 24, 28, 29, 30 extended by Internationally Protected Persons Act 1978 (c. 17, SIF 39:2), s. 1
C2Ss. 18, 20, 21, 22, 23, 28, 29 extended by Aviation Security Act 1982 (c. 36, SIF 9), s. 6(1)
C3Ss. 18, 20, 21, 22, 23, 24, 28, 29 applied by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), ss. 11(7), 14(2), 18(2)
C4S. 21 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
Offences Against the Person Act 1861