The Assault on Emergency Workers (Offences) Act 2018 (the Act) came into force on 13th November 2018 in response to increasing assaults on emergency workers. The Act does not create a new, freestanding offence, rather it provides that where the offence of common assault or battery is committed against an emergency worker acting in the exercise of their functions as such a worker, the offence is triable either way and carries a maximum prison sentence of two years (12 months for offences committed before 28 June 2022).

If you are under investigation or have been charged with a common assault or battery on an emergency worker, our criminal defence specialists can advise and represent you.

Emergency services are stretched to unreasonable limits. It is no longer uncommon for people to wait up to ten hours for an ambulance to arrive. Frustrations can boil over into violence. Many people charged with common assault or battery on an emergency worker have never been in trouble with the law before and have little or no idea of what to expect at the police station, Magistrates’ Court or Crown Court. Reeds Solicitors is one of the leading criminal defence law firms in the UK and we will forensically examine the circumstances of your case to advance a strong defence or robust mitigation. We will represent you if you are asked to attend the police station for an interview under caution and we can arrange for a consultation in advance to ensure proper preparation. We will work to ensure any investigation is properly and fairly completed and can conduct our own enquiries where necessary.

We have an excellent track record in successfully persuading the CPS not to charge by drafting written representations.

Below we have answered some frequent questions concerning common assault or battery on an emergency worker. However, if you require further information, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.

What is an emergency worker?

The statutory definition of emergency workers includes the following:

  • Constable;
  • Person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;
  • National Crime Agency officer;
  • Prison officer;
  • Person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;
  • Prisoner custody officer, so far as relating to the exercise of escort functions;
  • Custody officer, so far as relating to the exercise of escort functions;
  • Person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;
  • Person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);
  • Person employed for the purposes of providing, or engaged to provide NHS health services, or services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.

The definition is broad and includes volunteer workers. The Act also covers emergency workers who were not actually at work at the time of the incident provided they are exercising the functions of such a worker.

What does it mean to be ‘acting in the exercise of functions as an emergency worker’?

For an offence to be committed, the Act does not require the worker to have been acting in the circumstances of an emergency, but it does require them to be performing activities forming part of their role as an emergency worker.

In Campbell v CPS [2020] EWHC 3868 (Admin) the High Court confirmed that the expression “in the execution of functions” in the 2018 Act is not to be construed in the same way as the expression “in the execution of duty”. However, if an emergency worker is acting unlawfully, for example, a police officer rough handles you when they have no cause to make an arrest and you physically retaliate, the defence of self-defence may be available.

What is the sentence for assaulting an emergency worker?

The effect of the Act is that those charged with offences of common assault and battery committed against emergency workers can be tried in the Magistrates’ Court or Crown Court and if convicted, face a maximum sentence of two years’ imprisonment (12 months for offences committed before 28 June 2022) and/or an unlimited fine.

In addition, section 2 of the Act sets out several offences that if committed against an emergency worker acting in the exercise of functions as such a worker would lead to an increase in the sentence handed down. Examples include the offences of threatening to kill and malicious wounding.

What are the Sentencing Guidelines concerning assault on emergency workers?

From 1 July 2021, judges and magistrates in England and Wales were provided specific guidance for sentencing offences of assault on emergency workers. The Sentencing Guidelines state that a judge or magistrate must consider the culpability of the defendant and the harm they caused. Examples which can increase a defendant’s culpability include:

  • Intention to cause fear of serious harm, including disease transmission
  • Victim obviously vulnerable due to age, personal characteristics, or circumstances
  • Prolonged/ persistent assault
  • Use of substantial force
  • Strangulation/ suffocation/ asphyxiation
  • Threatened or actual use of weapon or weapon equivalent*
  • Leading role in group activity

Factors which can lower culpability include:

  • Lesser role in group activity
  • Mental disorder or learning disability, where linked to the commission of the offence
  • Excessive self defence
  • Any other considerations

When deciding on the level of harm, consideration should be given to:

  • the number of injuries
  • severity of injury and pain suffered
  • duration or longevity of any psychological harm or distress caused

Once the level of harm has been established, the judge or magistrate will determine whether the defendant’s actions fall into Category 1,2 or 3 by considering the question of culpability. They will then use the corresponding starting points set out in the guidelines to reach a sentence within the category range. The starting point applies to all offenders irrespective of plea or previous convictions.

 

How Reeds Solicitors can help

We will be proactive in defending you. If instructed early, this proactivity can prevent a prosecution.  If you are prosecuted, we will provide you with unrivalled representation.

Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.