Tougher Sentences for Assaults on Emergency Workers

The Assaults on Emergency Workers (Offences) Act 2018 came into force on 13th November 2018.

The Act is a response to the increase, in recent years, in the number of assaults on emergency workers.

There were 26,000 assaults on police officers in the past year. 15.2% of NHS staff responding to the NHS staff survey say they have experienced physical violence from patients, relatives or the public in the past year. Assaults on prison officers rose by 70% in the three years to 2017. There were 933 incidents involving an attack on firefighters in 2017/18, the highest recorded figure since data was first collected in 2010/11.

Section 1 of the Act creates a new offence of common assault or battery on a member of the emergency services. The offence is triable either way and has a maximum penalty of 12 months imprisonment, or a fine, or both whether dealt with in the Magistrates' or Crown Court. The Magistrates' Court will be limited to imposing a maximum period of imprisonment of 6 months until such time as section 154(1) of the Criminal Justice Act 2003 comes into force.

Section 2 of the Act creates a statutory aggravating factor. This means that when a specified offence - broadly an assault-related offence or a sexual assault offence - is committed against an emergency worker acting in the exercise of their functions and as defined in the Act, the court should consider the fact that it was so committed as an aggravating factor.

The victim's status as an emergency worker will be a statutory aggravating factor in the case of the following offences:

(a) an offence under any of the following provisions of the Offences against the Person Act 1861-

• (i) section 16 (threats to kill);
• (ii) section 18 (wounding with intent to cause grievous bodily harm);
• (iii) section 20 (malicious wounding);
• (iv) section 23 (administering poison etc);
• (v) section 28 (causing bodily injury by gunpowder etc);
• (vi) section 29 (using explosive substances etc with intent to cause grievous bodily harm);
• (vii) section 47 (assault occasioning actual bodily harm);

(b) an offence under section 3 of the Sexual Offences Act 2003 (sexual assault);

(c) manslaughter;

(d) kidnapping;

(e) an ancillary offence in relation to any of the preceding offences.

Section 3 provides the definition of "emergency worker" for the purposes of sections 1 and 2 of the Act. The categories broadly include police, prison officers, fire and rescue personnel and certain NHS workers who have interaction with the public as part of their work.

These occupations and positions have been included on the basis that these are people who may be required, at some point, to deal with emergencies and who are exposed to the risk of assault in the course of their day to day work.

An emergency worker can be acting in a paid or unpaid capacity. The legislation also covers off-duty emergency workers who are carrying out functions which, if done in work time, would have been part of their job.

The Act only applies in England and Wales.