In this “Criminal Law Explained” article we will take you through the law, the sentencing and the defence for the offence of Assault on an Emergency Worker in England & Wales.
The offence of Assault on An Emergency Worker is prosecuted under Section 1 of the Assaults on Emergency Workers (Offences) Act 2018.
This is a serious type of assault, which may also be referred to on a charge sheet as ‘Assault by beating of an emergency worker’ and refer to Section 39 of the Criminal Justice Act 1988.
This offence came into force on 13th November 2018, prior to that date Defendants were prosecuted under Section 39 Common Assault.
Who is classed as an Emergency Worker?Â
- (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) a 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) 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) a 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 provide—
- (k)NHS health services, or
- (l)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 public.
What is the Sentence for Assault on an Emergency Worker?
- A custodial (prison) sentence of up to 12 months
- Community Order
- Fine
Sentencing GuidelinesÂ
Will I require legal representation for Assault on an Emergency Worker?
Assaulting an Emergency Worker is a serious criminal charge which can result in a prison sentence of up to 12 months along with a criminal record that may cause difficulties with your current or future employment. A person convicted of this offence is at high risk of receiving a prison sentence therefore, a person charged with this offence should always seek out expert legal representation as soon as possible.
What our solicitors check for in Assault on Emergency Worker Cases
- Identifying weaknesses within the prosecution case
- Identifying whether the alleged victim would qualify as an emergency worker
- Establishing whether the prosecution can place our client at the scene during the alleged offence
- Determining whether self defence is applicable
- Evaluating the strength of the prosecution evidence
- Assessing the credibility of prosecution witnesses
- Identifying potential defence witnesses
Do you require a solicitor for Assault on an Emergency Worker?
If you have just read our quick guide to Assault on an Emergency Worker then you should have an idea by now whether you require legal representation for this offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
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