New offence – Assault on Emergency Workers

• 13/01/2019
• • General

Assaults on Emergency Workers (Offence) Act 2018

What is changing?

A new law has been passed in relation to Assaults on Emergency Workers.

Until now the only specific offence of this type has been Assaulting a Police Constable in the Execution of Their Duty. This is a Summary Only offence which carries a maximum sentence of 6 months imprisonment.

This offence specifically relates to Police Officer assaults only and there was no provision in law for assaults on other categories of emergency workers. Therefore, all assaults on emergency workers who are not Police Officers had to be charged under the offence of Common Assault. The fact that the person who was assaulted was an emergency worker was only able to be raised in Court as an aggravating feature.

The new legislation now provides a specific offence for assaulting anyone working in emergency services and the maximum sentence has doubled to 12 months imprisonment.

In more serious offences where it is more appropriate for a charge of ABH or GBH to be laid, then the Act also introduces a new statutory aggravating factor of assault on an emergency worker.

Who are Emergency Workers?

Emergency workers are defined at Section 3(1) of the 2018 Act as a:

• Police 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.

How can we help?

If you have been charged with the above offence or if you have any questions about this in general then please contact us on 07717713631 or 01268 820111. Our highly experienced team are available to provide you with the best legal advice.