New guidelines must ensure judiciary use full sentencing powers, says PFEW

For the first time, judges and magistrates in England and Wales will have specific guidance for sentencing offences of assault on emergency service workers, thanks to lobbying by the Police Federation of England and Wales (PFEW).

Revised sentencing guidelines for assault offences including attempted murder and common assault, and new guidance for assaults on emergency workers were published today (May 27) by the Sentencing Council. The guidelines will come into effect on July 1.

The PFEW says this is a “direct result” of its Protect the Protectors campaign, which triggered a change in law to double the maximum sentence for assaults on police officers and other emergency service workers from six to 12 months.

Following continued lobbying by PFEW, the Government has pledged to increase the maximum sentence from 12 months to two years for assaults on emergency workers through the Police, Crime, Sentencing and Courts Bill, which is currently at the committee stage in Parliament.

The Federation supports a maximum tariff of 24 months and not 12 months, at least, because of the likelihood of offenders being released before the completion of their sentences.

Other changes include:

• A new high-culpability factor of “intention to cause fear of serious harm, including disease transmission” in the common assault guideline;
• A new aggravating factor of “deliberate spitting or coughing” in the common assault and assault causing actual bodily harm (ABH) offences guidelines;
• A new high-culpability factor of strangulation to include asphyxiation and suffocation in all guidelines except attempted murder; and
• A revised high-culpability factor of “victim obviously vulnerable due to age, personal characteristics or circumstances” across all guidelines.

Responding to the publication of the guidelines, PFEW national chair John Apter commented: “During the last few years, we have been highlighting to the Sentencing Council the dangers officers face and our serious concern about some perverse sentences, which has seen people walking from the court after some vicious attacks on our colleagues.

“It’s good to see that the Sentencing Council has taken on board our views about assaults on police, including the vile acts of spitting and ‘weaponsing’ Covid, and these revised guidelines are a step in the right direction. What we need to see now, is judges making full use of the flexibility the guidelines provide to ensure that the sentence handed down reflects the seriousness and gravity of the crime.

“We will be watching closely to ensure we see a reduction in perverse sentences which result in thugs who attack emergency workers walking free from court with little more than a slap on the wrist.”

In addition, other changes have been made across the revised sentencing guidelines, including:

• The introduction of a greater number of offence categories and sentence starting points. These will ensure appropriate assessments of culpability and harm, and proportionate sentences which reflect the seriousness of the offences; and
• A revised aggravating factor of “offence committed against those working in the public sector or providing a service to the public, or against person coming to the assistance of emergency worker”, which provides for increased sentences for assaults on an individual providing a service to the public.

The Sentencing Council said the revision of the assault offences guidelines ensures that all sentences are “proportionate to the offence and in relation to other offences”.

Sentencing Council member Her Honour Judge Rosa Dean said: “Assault is a traumatic offence and can cause great distress to the victim both physically and psychologically, and it is important that sentences reflect the harm and upset that can be caused to many people – both ordinary members of the public and professionals doing their work.

“These guidelines provide updated guidance for sentencing a range of assault offences from common assault to attempted murder and include guidance for sentencing offences involving assaults on emergency workers. The guidelines will ensure appropriate and proportionate sentences are imposed for these offences that fully recognise the level of harm caused to the victim.”