Courts must give out tougher sentences for officer assaults

24 February 2020

The failure by courts to hand out the toughest sentences they can to those convicted of assaults on police officers and other emergency service workers is a disgrace, according to the chair of Hertfordshire Police Federation.

Geoff Bardell says he finds it shocking that the average sentence is just 2.6 months in jail, despite courts having the ability to sentence someone to 12 months’ imprisonment under the Assaults on Emergency Workers (Offences) Act 2018 which came into effect in November 2018.

He was speaking out as the Ministry of Justice released statistics covering the period from the time of the new act until last September.

And although conviction rates are relatively high at 80 per cent, more offenders are currently being fined than jailed after being prosecuted under the act with only 13 per cent facing jail for assaulting an emergency worker and just 18 per cent being handed a fine.

“Magistrates could be doing so much more to help protect police officers and other emergency service workers,” says Geoff, “They have been given these extra sentencing powers in response to the growing number of attacks on blue light personnel but for whatever reason seem to be reluctant to hand out tougher punishments,” says Geoff.

“We need to see people facing the full weight of the law for these assaults, to punish them but also act as a deterrent to others.”

Home Secretary Priti Patel has said she would consider doubling the 12-month maximum sentence for assaults on emergency service workers but Geoff  is concerned this would be pointless if courts are not already making use of the sentences they have at their disposal.

John Apter, chair of the national Police Federation, has also responded to the Ministry of Justice statistics and also referred to previously released figures for assaults on emergency service workers.

He explained: “From previous Crown Prosecution Service (CPS) data we know 90 per cent of those attacked are police officers and these figures confirm most people who attack them are still receiving nothing more than a slap on the wrist. The fact nearly 9 out of 10 individuals who are charged under the new act walk free from a court is a disgrace and an insult.”

The Ministry of Justice statistics compare the rate of court proceedings and outcomes for assault offences in England and Wales. The new act only covers common assault and battery offences, with more serious assaults being charged using separate legislation.

The national Federation chair explained: “The last set of official Government statistics show there were almost 31,000 assaults on police officers in the last year, and we believe from our own anecdotal research that figure represents the tip of the iceberg. These statistics are an indicator of how vast the disparity is between the number of reported assaults, and the number of people actually punished for them.”

A total of 8,647 individuals were prosecuted under the Assaults on Emergency Workers (Offences) Act 2018. In the same period, 3,317 were charged with assault on a constable, while a total of 43,399 individuals faced common assault and battery charges (includes non-police related assaults).