Tougher sentences for ‘coronavirus cough’ offences

17 April 2020

Tougher automatic sentences for ‘vile offenders’ who spit or cough on police officers during the coronavirus pandemic have been welcomed by Hertfordshire Police Federation chair Geoff Bardell.

Geoff was speaking after the Sentencing Council consultation for new guidelines introduces a new high culpability factor in common assault offences of ‘intention to cause fear of serious harm, including disease transmission’ as well as the inclusion of ‘spitting or coughing’ as an aggravating factor.

While definitive guidelines are not expected to come into force until next year, interim guidance has been issued now.

“It is a disgusting act to spit or cough on anyone and, in the current climate, people who choose to do that to an officer are just vile,” says Geoff.

“Officers already have enough on their plate at the minute as they battle on the front-line to keep communities safe against a silent killer. Having someone spit or cough at them with the threat of passing on COVID-19 will only heighten their anxiety and fear at a difficult time for officers and their families.

“It’s pleasing that the new guidance has been brought in so quickly to deal with the problem. Hopefully now, people will think twice if they are about to treat one of our members in such a disgusting way in the future.”

The guidelines, which apply to adult offenders, will help courts in England and Wales take a consistent approach to sentencing assault offences, make a more effective assessment of the seriousness of those offences, and impose appropriate and proportionate sentences.

They also include specific guidance for the Assaults on Emergency Workers (Offences) Act 2018 and contain an increased number of custodial starting points.

The chair of the Police Federation of England and Wales (PFEW), John Apter, has also voiced his support for the measures.

“I am pleased that the Sentencing Council has listened to the serious concerns we have raised recently about the many vile, disgusting individuals who weaponise this virus against police officers and other emergency service workers,” says John.

“Spitting was a problem long before this pandemic, but those who recklessly threaten officers with COVID-19 deserve every day they spend in prison. It is reassuring to see the Sentencing Council recognises the seriousness of these offences and is looking to give the judiciary greater guidance to ensure harsher, automatic jail sentences.

“I am particularly grateful the Sentencing Council considered the issue of offences involving spitting and coughing and decided to issue interim guidance on this, given that the proposals they are consulting on won’t be in force for some time. It is essential that my colleagues who face such attacks feel supported by the criminal justice system, and this step by the Sentencing Council certainly helps with this.”

The council is inviting views from judges, magistrates, legal practitioners and the public during a consultation process, which is open until 15 September 2020. Definitive guidelines are expected to come into force in 2021.