Assaults bill takes further step towards becoming law

26 July 2018

New legislation giving better protection from assaults to police and other emergency service workers has sailed through its third reading in the House of Lords.

Labour MP Chris Bryant’s Assaults on Emergency Workers (Offences) Bill now just needs Royal Assent before being enacted.

“This bill follows the Police Federation of England and Wales’ Protect the Protectors campaign which was supported by all Federation branches,” says Tiff Lynch, chair of Leicestershire Police Federation and secretary of the Federation’s national Parliamentary Working Group.

“For far too long, police officers and other emergency service workers have been used as society’s punchbags and sadly many had come to see these attacks as simply part of the job of serving the public. That has to end, no-one should be assaulted simply for doing their job. Tougher sentences are needed to suitably punish those who assault the police and our blue light colleagues but also act as a deterrent to others.

“We are very grateful to Holly Lynch, the Labour MP for Halifax, who first got behind the Federation’s campaign, to Mr Bryant, Baroness Donaghy who sponsored the bill in the House of Lords and all the MPs and Lords who have supported this proposed new legislation enabling it to make its way through Parliament.

“The Federation’s campaign will continue, however, as we want to see even tougher sentences introduced and clearer guidelines on spitting.”

The bill proposes to make assault or sexual assault against emergency service workers an aggravating factor punishable by up to 12 months in prison. It also gives police added protection from sexual assault.

However, the Federation still does not feel the sentences it lays down are tough enough. It had been lobbying for an assault on an emergency worker to carry a maximum sentence of 24 months in prison. This proposal was not accepted, with the Government maintaining its original proposal of a 12-month maximum sentence for this new offence.

As it stands, however, magistrates are unable to impose this increased tariff as their sentencing powers are limited to six months. To change that, the Government would need to enact a piece of legislation which has been sitting dormant on the statute books since 2003. If that does not happen, the 12-month maximum would only be available for those sentenced at a crown court.

Mr Bryant said: “For too long emergency workers have had to put up with being spat at, punched and head-butted - and often the courts have simply shrugged their shoulders.  That must now come to an end.  This bill will give vital protections to police officers and other emergency workers across the country so I’m delighted it has made it through the Lords so quickly.  Baroness Donaghy has done an excellent job getting the support of members of the House of Lords and I’m pleased the Government is still backing this urgent and much needed law.

“MPs and Lords from all political parties agree that we must protect our protectors, so the Government now needs to make sure that the new law is fully implemented as soon as possible by the prosecuting authorities and the courts.”

Calum Macleod, Federation national chair, said: “Now more than ever it is essential that magistrates take the issue of assaults more seriously and don’t let the side down. All too often I speak with officers whose attackers have faced little or no consequences for their actions.  This is totally unacceptable – the justice system needs to support those who risk their lives to enforce the law.

“Magistrates do not have 12 months sentencing powers, therefore six months is the maximum we can expect at the moment. We need to end the practice of offenders being under-charged and prosecuted for less serious offences.

“We will continue our campaign to better Protect the Protectors and pursue tougher sentences, improved welfare and support for those who risk so much every day.

Assurances have previously been given by the Government in the House of Commons that the degrading act of spitting, which is already considered a common assault, be made clearer to the authorities.  Minister for justice Rory Stewart said this will be made more specific and that the Crown Prosecution Service (CPS) is clearly instructed.

The Home Office estimates that there were 24,000 assaults on police officers in 2016/17 in England and Wales. Our own welfare survey results suggest there were more than two million unarmed physical assaults and a further 302,842 assaults using a deadly weapon during the same period.