Assaults on Emergency Workers (Offences) Act 2018
Official Summary
To make provision about offences when perpetrated against emergency workers, and persons assisting such workers; to make certain offences aggravated when perpetrated against such workers in the exercise of their duty; to require persons suspected of certain assaults against such workers which may pose a health risk to provide intimate samples and to make it an offence, without reasonable excuse, to refuse to provide such samples; and for connected purposes.
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Overview
This bill amends the law in England and Wales to increase penalties for assaulting emergency workers and to treat such assaults as an aggravating factor when sentencing for more serious crimes. It clarifies which professions are considered "emergency workers" and extends protection to those acting in their capacity even outside of official work hours.
Description
Increased Penalties for Assaulting Emergency Workers
The bill increases the maximum sentence for common assault and battery against emergency workers to 12 months' imprisonment (on indictment or summary conviction) compared to the previous 6 months. This applies to incidents occurring while the emergency worker is performing their duties, including outside of normal work hours.
Aggravating Factor for Serious Offences
The bill mandates that assaulting an emergency worker while they are performing their duties be treated as an aggravating factor in sentencing for a wide range of serious crimes, including but not limited to those outlined in the Offences Against the Person Act 1861 (such as wounding with intent), sexual assault, manslaughter, and kidnapping. This means judges must consider the assault on an emergency worker when determining the appropriate sentence, leading to potentially harsher penalties.
Definition of "Emergency Worker"
The bill provides a comprehensive definition of "emergency worker," encompassing police officers, prison officers, fire and rescue personnel, search and rescue personnel, and NHS staff whose roles involve direct public interaction. The definition also includes those with police powers, supporting roles for emergency services, and those working in custodial institutions.
Government Spending
The bill does not directly specify government spending. However, there may be indirect costs associated with increased prosecutions, potential longer prison sentences, and the possible need for additional resources within the criminal justice system.
Groups Affected
- Emergency workers: This bill offers increased protection and stronger penalties for those who assault them.
- Offenders: Those convicted of assaulting emergency workers will face potentially longer prison sentences.
- The Judiciary: Judges will need to apply the new legislation during sentencing.
- The Criminal Justice System: Increased workload may result from more prosecutions and longer trials.
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