Assaults on Emergency Workers Flashcards
Q: What is the law on the assault of an emergency worker?
S1(1) Assaults on Emergency Workers (Offences) Act 2018- 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 such a worker.
Q: What type of offence is assault on emergency workers by assault or battery?
S1(2) 2018 Act- the existing offences of common assault and battery will be triable either way and carry a maximum sentence of 12 months and/or fine (summary) or 2 years and/or fine (indictment)
Q: Who counts as an emergency worker?
- Constable
- 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;
- National Crime Agency officer;
- Prison officer;
- 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;
- Prisoner custody officer, so far as relating to the exercise of escort functions;
- Custody officer, so far as relating to the exercise of escort functions;
- Person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;
- Person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);
- Person employed for the purposes of providing, or engaged to provide:
- NHS health services; or
- 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 service or with other members of the public.
Q: Summary of emergency workers
Police, prison, fire, rescue and NHS personnel- both medical and ambulance side of the service
Q: Can the work be unpaid?
It is immaterial whether the employment or engagement is paid or unpaid (s. 3(2)). Voluntary services are therefore covered eg: RNLI.
Q: When does the Act apply?
It covers an emergency worker ‘acting in the exercise of functions as an emergency worker’- this includes situations where the person is not at work, but is carrying out functions which, if done in work time, would have been in the ‘exercise of functions as an emergency worker’.
Eg: off-duty nurse assisting an injured person would be covered.
Q: What circumstances increase the sentence?
The fact that the V of the offence is an emergency worker is an aggravating factor when considering other offences under OAPA 1861. Where this is the case, the court must treat the fact that the offence was committed on an emergency worker as an aggravating factor and must state in open court that the offence is so aggravated (s2(2)).
