Overview

This bill makes assaults against retail workers a more serious crime. If someone assaults a retail worker while they're working, the court must consider this an aggravating factor during sentencing, leading to potentially harsher penalties. The bill also requires the Sentencing Council to create specific sentencing guidelines for these aggravated assaults.

Description

Aggravating Assaults

The bill lists several offenses (including threats to kill, wounding with intent, malicious wounding, assault occasioning actual bodily harm, common assault, and related offenses) as aggravated if committed against a retail worker during their employment. The court must treat this as an aggravating factor, increasing the severity of the sentence, and publicly state this aggravation.

Who is a Retail Worker?

The bill broadly defines "retail worker" to include employees, owners, and staff supplied by agencies working in retail premises or involved in retail work (including delivery drivers during delivery). Payment for work is irrelevant, and the perpetrator's knowledge of the victim's status is not needed for the aggravation to apply. "Retail premises" are places mainly used for selling goods to the public. "Retail work" is defined to cover a wide range of activities directly and indirectly related to retail sales.

Sentencing Guidelines

The Sentencing Council must develop sentencing guidelines for these aggravated offences, specifically addressing situations where a retail worker enforces age restrictions, public health measures, or other statutory requirements.

Extent and Commencement

The bill applies to England and Wales only. Section 1 (aggravation of offences) comes into force 90 days after the Act is passed; other sections take effect immediately.

Government Spending

The bill doesn't directly specify government spending. However, there will be indirect costs associated with implementing the new sentencing guidelines and potential increased costs in the justice system due to more serious sentences for aggravated assaults.

Groups Affected

• Retail Workers: Potentially benefit from increased protection and harsher penalties for those who assault them.
• Retail Businesses: May experience a reduction in workplace violence.
• Perpetrators of Assaults: Face potentially longer sentences if convicted of assaulting a retail worker.
• The Sentencing Council: Responsible for creating the new sentencing guidelines.
• The Courts: Will have to apply the new aggravated offense provision and sentencing guidelines.

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