Assaults on Emergency Workers (Offences) Bill (HL Bill 99)

A

BILL

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; and for
connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

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
20subsection (2)(a) to 12 months is to be read as a reference to 6 months.

Assaults on Emergency Workers (Offences) BillPage 2

(5) In 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) 5after that subsection insert—

(2) Subsection (1) is subject to section 1 of the Assaults on
Emergency Workers (Offences) Act 2018 (which makes
provision for increased sentencing powers for offences of
common assault and battery committed against an emergency
10worker acting in the exercise of functions as such a worker).”

(6) This 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) 15the court is considering for the purposes of sentencing the seriousness
of 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) 20must treat the fact mentioned in subsection (1)(b) as an aggravating
factor (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) 25an offence under any of the following provisions of the Offences
against the Person Act 1861—

(i) section 16 (threats to kill);

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

(iii) 30section 20 (malicious wounding);

(iv) section 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) 35section 47 (assault occasioning actual bodily harm);

(b) an offence under section 3 of the Sexual Offences Act 2003 (sexual
assault);

(c) manslaughter;

(d) kidnapping;

(e) 40an 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
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
45in work time, would have been in the exercise of functions as an emergency
worker.

Assaults on Emergency Workers (Offences) BillPage 3

(5) In this section—

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

    (a)

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

    (b)

    5an 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;

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

(6) Nothing in this section prevents a court from treating the fact mentioned in
10subsection (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
it comes into force.

3 Meaning of “emergency worker”

(1) 15In 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
is otherwise employed for police purposes or is engaged to provide
services for police purposes;

(c) 20a National Crime Agency officer;

(d) a prison officer;

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

(f) 25a 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) a person employed for the purposes of providing, or engaged to
provide, fire services or fire and rescue services;

(i) 30a 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
provide—

(i) NHS health services, or

(ii) 35services 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
public.

(2) It is immaterial for the purposes of subsection (1) whether the employment or
40engagement is paid or unpaid.

(3) In this section—

  • “custodial institution” means any of the following—

    (a)

    a prison;

    (b)

    a young offender institution, secure training centre, secure
    45college or remand centre;

    Assaults on Emergency Workers (Offences) BillPage 4

    (c)

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

    (d)

    services custody premises, as defined by section 300(7) of the
    5Armed Forces Act 2006;

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

  • “escort functions”—

    (a)

    in the case of a prisoner custody officer, means the functions
    10specified 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
    Order Act 1994;

  • NHS health services” means any kind of health services provided as part
    15of 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;

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

20General

4 Extent, commencement and short title

(1) This Act extends to England and Wales only.

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

(3) 25This Act may be cited as the Assaults on Emergency Workers (Offences) Act
2018.