Updated CPS guidance will deliver swifter justice for emergency workers assaulted on duty

Released on Thursday (May 1), the updated guidance encourages prosecutors to consider the full range of available offences when charging assaults against an emergency worker.

The CPS says the guidance will deliver a swifter resolution in many cases for emergency workers who are assaulted while carrying out their duty, by empowering prosecutors to select the charge that best fits the seriousness of the case – including those which can be dealt with more swiftly in the magistrates’ court.

Current CPS guidance prevents prosecutors from bringing charges which could be dealt with quickly in the magistrates’ courts if, instead, a charge of assaulting an emergency worker (AEW) is available.

The AEW offence was introduced by the 2018 Assaults on Emergency Workers Act and is triable both in the magistrates’ courts and the Crown Court.  This means that many cases end up in the Crown Court which do not need to be there, usually because the defendant elects to have a Crown Court trial, and then victims have to wait many months and sometimes years to see that justice is done.

But data from the Ministry of Justice shows that on average the same severity of punishment could be handed down for summary offences tried in the magistrates’ court, meaning perpetrators face justice much sooner.

Serious assaults will also face more severe charges, as the new guidance urges prosecutors to consider all available offences – including ABH and GBH – where the evidence fits.

Director of Public Prosecutions Stephen Parkinson said: “Assaults against emergency workers are a crime both against them and against society itself. Individuals who place themselves at risk in the line of duty need to know that the law will protect them and that justice will be delivered swiftly and effectively.

“For that reason, I have today published updated guidance for prosecutors which will ensure that they consider the full range of offences open to them to charge. This means that serious assaults will face the weightiest charges, while ensuring that incidents that could be prosecuted more swiftly are dealt with summarily – helping more victims get closure sooner.

“I am deeply grateful to our partners in the emergency services, whose expert input has been invaluable in helping to update these guidelines and as we work together to bring those who attack frontline workers to justice.”

In addition to delivering swifter justice for victims, it is expected the changes will contribute to easing the Crown Court backlog, as more cases which can be charged with summary offences are heard in the magistrates’ court.

The guidance places greater emphasis on section 6 of the Code for Crown Prosecutors, which states that cases should be charged with offences which reflect the seriousness of the offending and give courts adequate sentencing powers.

Prosecutors will continue to apply the charge of AEW where the evidence and public interest require it, and will also be encouraged to apply even more serious charges such as ABH and GBH if there is evidence of harm which warrants a lengthier sentence.

Deputy Chief Constable Ciaron Irvine, National Police Chiefs’ Council lead for charging, said: “Emergency workers should be able to undertake their jobs without fear of assault and along with the CPS, we are resolute that anyone who threatens their safety should always be swiftly and robustly dealt with.

“Wherever possible, policing and our partners must find ways to speed up the criminal justice process, ensuring offenders face the consequences of their actions and supporting victim confidence in the system. These changes to the guidance have the potential to do exactly that, bringing quicker resolutions and showing that assault of our dedicated emergency service workers will not be tolerated.”

Tiff Lynch, acting national chair of the Police Federation of England and Wales, said: “An assault on a police officer is never acceptable and we must have appropriate safeguards and deterrents in place to minimise the all too regular occurrences; therefore, those who commit this despicable crime must feel the full force of the law.

“It is also important that a police officer who has been assaulted is treated as a victim of crime, for that is exactly what they are, because being assaulted is not simply just a hazard of the job. As a victim of crime, it is important that the criminal justice system and prosecutors listen to how officers feel in order to assess the seriousness of the offending, and how the officer sees justice being served.

“We are therefore grateful to the Director of Public Prosecutions for his personal involvement and consultation on these changes, and for listening to us and accepting our proposal that the police officer as the victim of the crime must be at the heart of this, with an opportunity to express their view through a Victim Personal Statement (VPS). Also, if no VPS has been provided, that the prosecutor should ask for one to be provided or confirm that the officer does not wish to do so.”

Anna Parry, managing director of the Association of Ambulance Chief Executives, welcomed the new prosecution guidelines.

She said: “We hope they will lead to more perpetrators of violent assaults against our people receiving appropriate punishments in a much faster timeframe than is often currently the case. Delayed and inappropriate sentencing long after the crime has been committed can leave victims of violence unable to recover and find closure, as they wait for justice to take its course.

“UK ambulance services now have the highest rate of reported incidents of violence, aggression and abuse directed at their people ever recorded – with 22,536 incidents across the fourteen UK ambulance services in the 2024/25 financial year. This is an increase of almost 15 per cent on the previous year, and a trend that is unfortunately increasing.

“This is why it is now more important than ever that we find new ways to develop more effective deterrence measures. These new guidelines can help to enable stronger sentencing where it is appropriate and give victims a stronger voice by encouraging prosecutors to take victim impact statements into account when selecting charges. We hope all of this will lead to swifter justice for our people who experience these horrific crimes.”

Victims’ voices will also be given greater emphasis under the new guidance, which encourages prosecutors to take victim impact statements into account when they are considering the impact an assault has had and what the charges should be.

The changes follow extensive engagement with emergency services, including national policing bodies, the Prison and Probation Service, and fire and ambulance service leaders.

Em Wilkinson-Brice, director for Staff Experience at NHS England, said: “Violence against NHS staff is completely unacceptable, and I am pleased the CPS has brought in new guidance which will bring swifter justice against those that assault our frontline workers.

“The NHS is fully committed to tackling violence and abuse against staff and has rolled out a new violence prevention and reduction standard so trusts can assess and improve measures to keep staff safe at work.”