Assaults on Emergency Workers (Offences) Bill (HC Bill 126)

Aggravation

1 Common assault and battery

(1) 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
5such a worker.

(2) A person guilty of an offence to which this section applies is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12
months, or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding
1012 months, or to a fine, or to both.

(3) 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
15in work time, would have been in the exercise of functions as an emergency
worker.

(4) In relation to an offence committed before the coming into force of section
154(1) of the Criminal Justice Act 2003 (increase in maximum term that may be
imposed on summary conviction of offence triable either way), the reference in
subsection (2)(a) to 12 months is to be read as a reference to 6 months.

(5) 5In 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)—

(a) the existing text becomes subsection (1);

(b) after that subsection insert—

“(2) 10Subsection (1) is subject to section 1 of the Assaults on
Emergency Workers (Offences) Act 2017 (which makes
provision for increased sentencing powers for offences of
common assault and battery committed against an emergency
worker acting in the exercise of functions as such a worker).”

(6) 15This section applies only in relation to offences committed on or after the day
it comes into force.

2 Aggravating factor

(1) This section applies where—

(a) the court is considering for the purposes of sentencing the seriousness
20of an offence listed in subsection (3), and

(b) the offence was committed against an emergency worker acting in the
exercise of functions as such a worker.

(2) The court—

(a) must treat the fact mentioned in subsection (1)(b) as an aggravating
25factor (that is to say, a factor that increases the seriousness of the
offence), and

(b) must state in open court that the offence is so aggravated.

(3) The offences referred to in subsection (1)(a) are—

(a) an offence under any of the following provisions of the Offences
30against the Person Act 1861—

(i) section 16 (threats to kill);

(ii) section 18 (wounding with intent to cause grievous bodily
harm);

(iii) section 20 (malicious wounding);

(iv) 35section 23 (administering poison etc);

(v) section 28 (causing bodily injury by gunpowder etc);

(vi) section 29 (using explosive substances etc with intent to cause
grievous bodily harm);

(vii) section 47 (assault occasioning actual bodily harm);

(b) 40manslaughter;

(c) kidnapping;

(d) an ancillary offence in relation to any of the preceding offences.

(4) 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
45an 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.

(5) In this section—

• “ancillary offence”, in relation to an offence, means any of the following—

  (a)

  5aiding, abetting, counselling or procuring the commission of
  the offence;

  (b)

  an offence under Part 2 of the Serious Crime Act 2007
  (encouraging or assisting crime) in relation to the offence;

  (c)

  attempting or conspiring to commit the offence;

• 10“emergency worker” has the meaning given by section 3.

(6) 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).

(7) This section applies only in relation to offences committed on or after the day
15it comes into force.

3 Meaning of “emergency worker”

(1) In sections 1 and 2, “emergency worker” means—

(a) a constable;

(b) a person (other than a constable) who has the powers of a constable or
20is otherwise employed for police purposes or is engaged to provide
services for police purposes;

(c) a National Crime Agency officer;

(d) a prison officer;

(e) a person (other than a prison officer) employed or engaged to carry out
25functions in a custodial institution of a corresponding kind to those
carried out by a prison officer;

(f) a prisoner custody officer, so far as relating to the exercise of escort
functions;

(g) a custody officer, so far as relating to the exercise of escort functions;

(h) 30a person employed for the purposes of providing, or engaged to
provide, fire services or fire and rescue services;

(i) a person employed for the purposes of providing, or engaged to
provide, search services or rescue services (or both);

(j) a person employed for the purposes of providing, or engaged to
35provide—

(i) NHS health services, or

(ii) services in the support of the provision of NHS health services,

and whose general activities in doing so involve face to face interaction
with individuals receiving the services or with other members of the
40public.

(2) It is immaterial for the purposes of subsection (1) whether the employment or
engagement is paid or unpaid.

(3) In this section—

• “custodial institution” means any of the following—

  (a)

  45a prison;

  Assaults on Emergency Workers (Offences) BillPage 4

  (b)

  a young offender institution, secure training centre, secure
  college or remand centre;

  (c)

  a removal centre, a short-term holding facility or pre-departure
  accommodation, as defined by section 147 of the Immigration
  5and Asylum Act 1999;

  (d)

  services custody premises, as defined by section 300(7) of the
  Armed Forces Act 2006;

• “custody officer” has the meaning given by section 12(3) of the Criminal
  Justice and Public Order Act 1994;

• 10“escort functions”—

  (a)

  in the case of a prisoner custody officer, means the functions
  specified in section 80(1) of the Criminal Justice Act 1991;

  (b)

  in the case of a custody officer, means the functions specified in
  paragraph 1 of Schedule 1 to the Criminal Justice and Public
  15Order Act 1994;

• “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;

• 20“prisoner custody officer” has the meaning given by section 89(1) of the
  Criminal Justice Act 1991.

Taking of samples

4 Taking of samples under the Police and Criminal Evidence Act 1984

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) 25After section 62 (intimate samples) insert—

“62A Intimate samples: assaults on emergency workers

(1) An intimate sample may be taken from a person (whether or not in
police detention) where—

(a) there are reasonable grounds for suspecting that the person has,
30or may have, assaulted an emergency worker acting in the
exercise of functions as such a worker;

(b) a police officer of at least the rank of inspector authorises the
sample to be taken;

(c) the sample taken is a sample of blood; and

(d) 35the appropriate consent is given.

(2) An officer may only give an authorisation under subsection (1) if the
officer has reasonable grounds for believing that—

(a) the person from whom the sample is to be taken is aged 14 years
or over;

(b) 40the emergency worker has, as a result of the suspected assault,
been exposed to a risk of transmission of an infectious disease
carried by the person from whom the sample is to be taken; and

(c) the taking of the sample is necessary for the purposes of
establishing whether the person from whom the sample is to be
45taken has any such disease.

(3) For the purposes of subsection (1)(a), the circumstances in which an
assault takes place against a person acting in the exercise of functions
as an emergency worker include circumstances where the assault takes
place at a time when the person is not at work but is carrying out
5functions which, if done in work time, would have been in the exercise
of functions as an emergency worker.

(4) For the purposes of subsection (2)(b), it does not matter whether or not
there is reason to believe that the person from whom the sample is to be
taken has any infectious disease.

(5) 10Where an authorisation for the taking of an intimate sample from a
person is given under subsection (1), an officer must give the
information mentioned in subsection (6) to—

(a) the person, and

(b) if the person is under the age of 18, his or her parent or
15guardian.

(6) The information is that—

(a) an authorisation for the taking of the sample has been given
under this section, and

(b) a person requested to provide the appropriate consent to the
20taking of the sample may be liable to prosecution for an offence
if he or she refuses to give that consent without good cause.

(7) Subsections (3) to (8) and (9A) to (12) of section 62 apply to an intimate
sample taken (or proposed to be taken) under this section as they apply
to an intimate sample taken (or proposed to be taken) under that
25section.

(8) A person commits an offence if, without good cause, the person refuses
to give the appropriate consent to the taking of a sample that has been
authorised under this section.

(9) A person guilty of an offence under this section is liable on summary
30conviction to a fine.”

(3) In section 63 (other samples), after subsection (3H) insert—

“(3I) A non-intimate sample may be taken from a person without the
appropriate consent where—

(a) there are reasonable grounds for suspecting that the person has,
35or may have, assaulted an emergency worker acting in the
exercise of functions as such a worker; and

(b) a police officer of at least the rank of inspector authorises the
sample to be taken without the appropriate consent.

(3J) An officer may only give an authorisation under subsection (3I) if the
40officer has reasonable grounds for believing that—

(a) the emergency worker has, as a result of the suspected assault,
been exposed to a risk of transmission of an infectious disease
carried by the person from whom the sample is to be taken; and

(b) the taking of the sample is necessary for the purposes of
45establishing whether the person from whom the sample is to be
taken has any such disease.

(3K) Subsection (3) of section 62A applies for the purposes of subsection
(3I)(a) as it applies for the purposes of subsection (1)(a) of that section.

(3L) For the purposes of subsection (3J)(a), it does not matter whether or not
there is reason to believe that the person from whom the sample is to be
5taken has any infectious disease.”

5 Taking of samples under the Terrorism Act 2000

(1) Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of detained persons)
is amended as follows.

(2) In paragraph 10—

(a) 10in sub-paragraph (6), for “sub-paragraph (6A)” substitute “sub-
paragraphs (6A) and (6C)”;

(b) after sub-paragraph (6B) insert—

“(6C) An officer may also give an authorisation in respect of a
person detained in England or Wales—

(a) 15under sub-paragraph (4)(a) for the taking of a non-
intimate sample, or

(b) under sub-paragraph (5)(c) for the taking of an
intimate sample, so far as that sample is of blood,

if there are reasonable grounds for suspecting that the person
20has, or may have, assaulted an emergency worker acting in
the exercise of functions as such a worker.

(6D) But the officer may give an authorisation by virtue of sub-
paragraph (6C) only if the officer has reasonable grounds for
believing that—

(a) 25the emergency worker has, as a result of the
suspected assault, been exposed to a risk of
transmission of an infectious disease carried by the
person from whom the sample is to be taken,

(b) the taking of the sample is necessary for the purposes
30of establishing whether the person from whom the
sample is to be taken has any such disease, and

(c) in the case of the taking of an intimate sample, the
person from whom the sample is to be taken is aged
14 years or over.

(6E) 35For the purposes of sub-paragraph (6C), the circumstances in
which an assault takes place against a person acting in the
exercise of functions as an emergency worker include
circumstances where the assault takes place at a time when
the person is not at work but is carrying out functions which,
40if done in work time, would have been in the exercise of
functions as an emergency worker.

(6F) For the purposes of sub-paragraph (6D)(a), it does not matter
whether or not there is reason to believe that the person from
whom the sample is to be taken has any infectious disease.”

(3) 45In paragraph 11—

(a) after sub-paragraph (2) insert—

“(2A) Where an authorisation for the taking of an intimate sample
from a person is given under paragraph 10(5)(c) by virtue of
paragraph 10(6C), the information mentioned in sub-
5paragraph (2B) must also be given to—

(a) the person, and

(b) if the person is under the age of 18, his or her parent
or guardian.

(2B) The information is that a person requested to provide the
10appropriate consent to the taking of the sample may be liable
to prosecution for an offence if he or she refuses to give that
consent without good cause.”;

(b) in sub-paragraph (3)(a), for “and (2)” substitute “, (2) and (2A)”.

(4) In paragraph 12, after sub-paragraph (3) insert—

“(4) 15Paragraphs 10(6C) and 13A also apply in relation to the taking of an
intimate sample under this paragraph from a person in England or
Wales.”

(5) After paragraph 13 insert—

“13A (1) A person commits an offence under the law of England and Wales if,
20without good cause, the person refuses to give the appropriate
consent to the taking of an intimate sample that has been authorised
under paragraph 10(5)(c) by virtue of paragraph 10(6C).

(2) A person guilty of an offence under this paragraph is liable on
summary conviction to a fine.”

(6) 25In paragraph 15—

(a) in sub-paragraph (1), for “13” substitute “13A”;

(b) after sub-paragraph (1A) insert—

“(1B) In the application of paragraph 10 in relation to a person
detained in England and Wales, “emergency worker” has the
30meaning given by section 3 of the Assaults on Emergency
Workers (Offences) Act 2017.”

(7) After paragraph 20D insert—

“20DA (1) This paragraph applies to paragraph 20A material consisting of a
DNA profile derived from a DNA sample taken under paragraph 10
35by virtue of an authorisation given under paragraph 10(6C).

(2) Material to which this paragraph applies may be retained until it has
fulfilled the purpose for which it was taken.”

(8) In paragraph 20H—

(a) in sub-paragraph (1)—

(i) 40omit “or” at the end of paragraph (c), and

(ii) after paragraph (d) insert “, or

(e) in the case of material consisting of a sample
taken under paragraph 10 by virtue of sub-
paragraph (6C) of that paragraph, for the
45purposes of establishing whether the person

from whom the sample was taken has any
infectious disease.”;

(b) after sub-paragraph (2) insert—

“(2A) Where a sample is taken under paragraph 10 by virtue of sub-
5paragraph (6C) of that paragraph as a result of a suspected
assault on an emergency worker (as defined by paragraph
15(1B)), information derived from the sample may be
disclosed—

(a) to the emergency worker, or

(b) 10to any other person for the purposes of protecting the
vital interests of the emergency worker.

(2B) Nothing in sub-paragraph (2A) authorises the making of a
disclosure which contravenes the Data Protection Act 1998.”

6 Taking of samples: related amendments

(1) 15The Police and Criminal Evidence Act 1984 is amended as set out in
subsections (2) to (7).

(2) In section 62 (intimate samples), in subsection (1) for “section 63B” substitute
“sections 62A and 63B”.

(3) In section 63 (other samples), in subsection (5) after “(3)” insert “or (3I)”.

(4) 20After section 63L insert—

“63LA Retention of section 63D material in connection with assault on
emergency worker

(1) This section applies to section 63D material consisting of a DNA profile
derived from a DNA sample taken under section 62A(1) or 63(3I).

(2) 25Material to which this section applies may be retained until it has
fulfilled the purpose for which it was taken.”

(5) In section 63T (use of retained material)—

(a) in subsection (1)—

(i) omit “or” at the end of paragraph (c), and

(ii) 30at the end of paragraph (d) insert “, or

(e) in the case of a sample taken under section
62A(1) or 63(3I), for the purposes of establishing
whether the person from whom the sample was
taken has any infectious disease.”;

(b) 35after subsection (1) insert—

“(1A) Where a sample is taken under section 62A(1) or 63(3I) as a
result of a suspected assault on an emergency worker,
information derived from the sample may be disclosed—

(a) to the emergency worker, or

(b) 40to any other person for the purposes of protecting the
vital interests of the emergency worker.

(1B) Nothing in subsection (1A) authorises the making of a
disclosure which contravenes the Data Protection Act 1998.”

(6) In section 65 (Part 5: supplementary), in subsection (1) after the definition of
“DNA sample” insert—

• “““emergency worker” has the meaning given by section 3 of the
  Assaults on Emergency Workers (Offences) Act 2017.”

(7) 5In Schedule 2A (fingerprints and samples: power to require attendance at a
police station)—

(a) in Part 2 (intimate samples), after paragraph 8 insert—

““Persons suspected of assaulting an emergency worker

8A A constable may require a person to attend a police station
10for the purposes of taking a sample from the person under
section 62A(1).”;

(b) in Part 3 (non-intimate samples), after paragraph 13 insert—

““Persons suspected of assaulting an emergency worker

13A A constable may require a person to attend a police station
15for the purpose of taking a non-intimate sample from the
person under section 63(3I).”

(8) After section 39 of the Human Tissue Act 2004 (exceptions for criminal justice
purposes) insert—

“39A Health protection purposes following assault on emergency worker

(1) 20Nothing in section 14(1) or 16(2) applies to anything done under or in
connection with a power to take an intimate sample or a non-intimate
sample under—

(a) section 62A(1) or 63(3I) of the Police and Criminal Evidence Act
1984 (which confer power to take samples from persons
25suspected of assaulting an emergency worker, except in the case
of persons detained under terrorism-related provisions), or

(b) sub-paragraph (4)(a) or (5)(c) of paragraph 10 of Schedule 8 to
the Terrorism Act 2000 by virtue of an authorisation given
under sub-paragraph (6C) of that paragraph (which confer
30power to take samples from persons suspected of such assaults
who are detained under terrorism-related provisions).

(2) In this section “intimate sample” and “non-intimate sample” have the
meanings given by section 65 of the Police and Criminal Evidence Act
1984 (Part 5 definitions).”

35General

7 Extent, commencement and short title

(1) This Act extends to England and Wales only, except for this section and section
5 which extend to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force at the end of the period of two months beginning
40with the day on which it is passed.

(3) This Act may be cited as the Assaults on Emergency Workers (Offences) Act
2017.