Assault on an emergency worker

s.1Assaults on Emergency Workers (Offences) Act 2018

A common assault or battery committed against an emergency worker acting in the exercise of their functions as such a worker.

Assault on an emergency worker · Assaults on Emergency Workers (Offences) Act 2018, s.1Card 32 / 85

Points to prove

Assault – causing another to apprehend the immediate application of unlawful force. Battery – the application of unlawful force. Both need intention or recklessness.
Emergency worker – s.3(1): a constable; anyone else with the powers of a constable or employed or engaged for police purposes; an NCA officer; a prison officer or someone doing similar work in a custodial institution; prisoner custody officers and custody officers on escort functions; fire and rescue workers; search or rescue workers; and NHS workers (or those supporting NHS services) whose work involves face-to-face contact with patients or the public.
Paid or unpaid – s.3(2): it does not matter whether the employment or engagement is paid. Volunteers are covered.
Acting in the exercise of functions – s.1(3): includes an off-duty worker carrying out functions that would be part of their role if done in work time.

Section 1 does not create a brand-new offence. It raises the maximum penalty for common assault and battery against an emergency worker.
It applies to offences committed on or after 13 November 2018 (s.1(6)). The maximum on indictment was raised from 12 months to 2 years on 28 June 2022 by the Police, Crime, Sentencing and Courts Act 2022.
For more serious offences (such as ABH, s.20, s.18 and threats to kill), the court must treat the fact that the victim was an emergency worker as an aggravating factor (s.67 Sentencing Act 2020).
A constable is an emergency worker, so an assault on a police officer can be charged under this section instead of s.89(1) Police Act 1996.

Legislation: Assaults on Emergency Workers (Offences) Act 2018, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summary)