Assault on Emergency Worker (Assaults on Emergency Workers Act 2018)

Assault on Emergency Worker is a common assault or battery, which s.39(1) Criminal Justice Act 1988 makes a summary offence, committed against an emergency worker acting in the exercise of functions as such a worker, to which s.1 Assaults on Emergency Workers (Offences) Act 2018 applies (s.1(1)). An emergency worker means a constable, a person with the powers of a constable or employed or engaged for police purposes, a National Crime Agency officer, a prison officer or a person carrying out corresponding functions in a custodial institution, a prisoner custody officer or custody officer exercising escort functions, a person employed or engaged to provide fire and rescue services or search and rescue services, or a person employed or engaged to provide NHS health services or services in support of them whose general activities involve face to face interaction with those receiving the services or other members of the public, whether the employment or engagement is paid or unpaid (s.3(1) and (2)). The offence is taken as committed against a person acting in the exercise of functions as an emergency worker even where the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of those functions (s.1(3)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 2 years, a fine or both; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)), a fine or both (s.1(2)). For an offence committed before 2 May 2022 the summary limit is read as 6 months (s.1(4)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).