Journal of the 843rd Special Plenary Meeting of the Forum for Security Co-operation
The section applies to an offence of common assault, or battery, that is committed against an emergency worker acting in the exercise of functions as such a worker.
A person guilty of an offence to which this section applies is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
For the purposes of subsection (1), the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.
In relation to an offence committed before 2 May 2022, the reference in subsection (2)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
In consequence of subsections (1) to (3), in section 39 of the Criminal Justice Act 1988 (which provides for common assault and battery to be summary offences punishable with imprisonment for a term not exceeding 6 months)—
the existing text becomes subsection (1);
after that subsection insert—
This section applies only in relation to offences committed on or after the day it comes into force.
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This section applies where—
the court is considering for the purposes of sentencing the seriousness of an offence listed in subsection (3), and
the offence was committed against an emergency worker acting in the exercise of functions as such a worker.
The court—
must treat the fact mentioned in subsection (1)(b) as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and
must state in open court that the offence is so aggravated.
The offences referred to in subsection (1)(a) are—
an offence under any of the following provisions of the Offences against the Person Act 1861—
section 16 (threats to kill);
section 18 (wounding with intent to cause grievous bodily harm);
section 20 (malicious wounding);
section 23 (administering poison etc);
section 28 (causing bodily injury by gunpowder etc);
section 29 (using explosive substances etc with intent to cause grievous bodily harm);
section 47 (assault occasioning actual bodily harm);
an offence under section 3 of the Sexual Offences Act 2003 (sexual assault);
manslaughter;
kidnapping;
an ancillary offence in relation to any of the preceding offences.
For the purposes of subsection (1)(b), the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.
In this section—
“escort functions”—
“prisoner custody officer” has the meaning given by section 89(1) of the Criminal Justice Act 1991.
a prison;
in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991;
“NHS health services” means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006;
a young offender institution, secure training centre, secure college or remand centre;
a prison;
“custody officer” has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994;
a young offender institution, secure training centre, secure college or remand centre;
Nothing in this section prevents a court from treating the fact mentioned in subsection (1)(b) as an aggravating factor in relation to offences not listed in subsection (3).
This section applies only in relation to offences committed on or after the day it comes into force.
In sections 1 and 2, “emergency worker” means—
a constable;
a 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;
a National Crime Agency officer;
a prison officer;
a 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;
a prisoner custody officer, so far as relating to the exercise of escort functions;
a custody officer, so far as relating to the exercise of escort functions;
a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;
a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);
a person employed for the purposes of providing, or engaged to provide— and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.
NHS health services, or
services in the support of the provision of NHS health services,
It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid.
In this section—
“custodial institution” means any of the following—
“NHS health services” means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006;
in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994;
in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991;
This Act extends to England and Wales only.
This Act comes into force at the end of the period of two months beginning with the day on which it is passed.
This Act may be cited as the Assaults on Emergency Workers (Offences) Act 2018.