Assaults on Emergency Workers (Offences) Act 2018

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Assaults on Emergency Workers (Offences) Act 2018
Commencement
13 November 2018 (2018-11-13)
Other legislation
AmendsCriminal Justice Act 1988
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Assaults on Emergency Workers (Offences) Act 2018 (c. 23) is an act of the Parliament of the United Kingdom. The act addresses policy issues related to attacks on emergency workers, especially government-employed officers, and defines specific offences on such workers. It was introduced to Parliament as a private member's bill by Chris Bryant.[1] The act received Royal Assent on 13 November 2018.[1]

Provisions

The provisions of the act include:

  • Making it a specific crime to commit common assault or battery against an emergency worker "acting in the exercise of functions as such a worker", punishable with up to 12 months in prison (double the previous maximum sentence), a fine or both.[2] In the Act, the term 'emergency worker' has the definition:
    NHS health services, or
  • (II) services in the support of the provision of NHS health services,
  • The addition of subsections to section 39 (common assault and battery to be summary offences) of the Criminal Justice Act 1988. Section 39 was renumbered as 39(1); 39(2) was added in reference to the new Act.[4]
  • Timetable

    The bill had its

    third reading.[7] Royal assent was granted on 13 September 2018.[3]

    Reaction

    The Act was widely applauded,

    Chief Constable Simon Bailey welcoming the change saying that "the figures [of assaults on officers] are really worrying".[9]

    However, on 14 September 2018, Hodge Jones & Allen solicitors published a piece titled "Assaults on Emergency Workers (Offences) Act 2018 – Not Quite the Legislation it Seems".[10] The article highlighted that although the Act would double the prison sentence for those assaulting emergency workers, that Section 1(4) ensured this would only be enabled by the enactment of Section 154 (General limit on magistrates' court's power to impose imprisonment) of the Criminal Justice Act 2003.[10][2] Section 154 has not been enacted.[11][12] On 2 May 2022, Paragraph 24 of Schedule 22 to the Sentencing Act 2020 came into force, amending the same Act to increase the sentencing powers of magistrates' courts in the case of either way offences to 12 months; but this was in force for less than a year, as it was reversed on 3 March 2023 by regulations under powers introduced by the Judicial Review and Courts Act 2022.[13] Only between these dates was it was possible for an assault on an emergency worker to be sentenced to more than six months if the case was tried in the magistrates' court.

    References

    1. ^ a b "Assaults on Emergency Workers (Offences) Act 2018". UK Parliament. Retrieved 25 May 2019.
    2. ^ a b "Circular 2018/01 Assaults on Emergency Workers (Offences) Act 2018" (PDF). gov.uk. Ministry of Justice. p. 2. Retrieved 25 May 2019.
    3. ^ a b "Assaults on Emergency Workers (Offences) Act 2018", legislation.gov.uk, The National Archives, 13 September 2018, 2018 c. 23, retrieved 25 May 2019
    4. ^ "Criminal Justice Act 1988: Section 39", legislation.gov.uk, The National Archives, 29 July 1988, 1988 c. 33 (s. 39), retrieved 25 May 2019
    5. ^ a b "Bill stages — Assaults on Emergency Workers (Offences) Act 2018". UK Parliament. Retrieved 25 May 2019.
    6. ^ "Assaults on Emergency Workers (Offences) Bill". House of Lords Hansard. Retrieved 25 May 2019.
    7. ^ "Committee of the Whole House (day 1)". UK Parliament. Retrieved 25 May 2019.
    8. ISSN 0951-9467
      . Retrieved 25 May 2019.
    9. ^ Frank-Keyes, Jessica (13 September 2018). "County's emergency services welcome tough sentences for assaults". Eastern Daily Press. Norwich: Archant. Retrieved 25 May 2019.
    10. ^ a b Harris, Ruth (14 September 2018). "Assaults on Emergency Workers (Offences) Act 2018 – Not Quite the Legislation it Seems". Hodge Jones & Allen Solicitors. Retrieved 25 May 2019.
    11. ^ "Expanding the role of magistrates - Increasing sentencing powers". UK Parliament. 17 October 2016. Retrieved 25 May 2019.
    12. ^ Bridges, Ian (20 December 2018). "Legal Article: Assaults on Emergency Workers (Protection) Act 2018". PNLD. Retrieved 25 May 2019.
    13. ^ "The Sentencing Act 2020 (Magistrates' Court Sentencing Powers) (Amendment) Regulations 2023", legislation.gov.uk, The National Archives, SI 2023/298

    External links