Sentencing Council Launches Consultation on Assault Offences

The Sentencing Council has launched a consultation on the revised sentencing of assault offences.

The Council is the independent body responsible for developing sentencing guidelines for the courts to use when passing a sentence.

New proposed guidelines, which can be viewed by clicking on the links below, have been prepared for the following offences:

• Common assault - section 39 Criminal Justice Act 1988;
• Racially/religiously aggravated common assault - section 29 Crime and Disorder Act 1998;
• Common assault of an emergency worker - section 1 Assaults on Emergency Workers (Offences) Act 2018;
• Assault with intent to resist arrest - section 38 Offences Against the Person Act 1861;
• Assault occasioning actual bodily harm - section 47 Offences Against the Person Act 1861;
• Racially/religiously aggravated ABH - section 29 Crime and Disorder Act 1998;
• Inflicting grievous bodily harm/unlawful wounding - section 20 Offences Against the Person Act 1861;
• Racially/religiously aggravated GBH/unlawful wounding - section 29 Crime and Disorder Act 1998;
• Causing grievous bodily harm with intent to do grievous bodily harm/wounding with intent to do grievous bodily harm - section 18 Offences Against the Person Act 1861;
• Attempted murder - s1(1) Criminal Attempts Act 1981.

The rationale behind every amendment to the existing guidelines is contained within this document. The media are heralding the proposals as a toughening up of the penalties imposed for these offences.

If the proposed changes are adopted sentencers will, for the first time, have access to guidelines for the sentencing of common assault of an emergency worker.

The Council is inviting feedback from sentencers and others concerned with the criminal justice system. The consultation closes on 15th September 2020.

Council member, The Honourable Mr Justice Goose, said: "Assault offences can be very personal crimes. It is important that sentences should be appropriate and proportionate, and reflect the harm caused to victims.

"These guidelines will provide the courts with a framework for sentencing a range of offences, from high-volume common assault to attempted murder. When in force, they will provide protection in the years ahead for the public and the people who serve them by providing public services or as emergency workers."