Harsher sentences for 'coronavirus cough' offences

17 April 2020

The chair of Humberside Police Federation has supported harsher automatic sentences for people who cough or spit on officers with a threat of ‘weaponising’ COVID-19.

Pete Musgrave 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 quite astonishing in the current climate that anyone would choose to spit at or cough on a police officer. It is a truly disgusting act at the best of times but with the threat of spreading the coronavirus attached to it, it becomes even more abhorrent,” says Pete.

 “Officers are already facing an unprecedented threat to their wellbeing as they police the streets with an invisible killer all around them. You can imagine the extra anxiety they would face if someone stooped so low as to spit or cough on them with a threat of passing on COVID-19.

“I am glad that the guidance has been released so soon to deal with the problem and hopefully, the threat of a harsher custodial sentences will make people think twice about committing such a vile crime.”

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 to 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.