Courts must use officer assaults sentencing powers
25 February 2020
Offenders jailed for attacks on police officers are receiving average sentences of less than 12 weeks, according to newly released figures.
Jon Nott, chair of West Midlands Police Federation, says the new Ministry of Justice statistics highlight the fact that courts are not using the full sentencing powers available to them, and he argues that must change.
The figures cover the period from November 2018 when the Assaults on Emergency Workers (Offences) Act 2018 came into effect until September last year. They show offenders jailed for assaulting emergency workers received an average sentence of 2.6 months when the maximum sentence available is 12 months.
“These figures are disappointing to say the least,” says Jon, “The Police Federation’s Protect the Protectors campaign highlighted the shocking rise in attacks on police officers and other emergency service workers and led to the introduction of the new act. We hoped the new legislation would not only lead to suitable punishments for those who seem to think it’s OK to assault officers but also act as a deterrent to others.
“However, while conviction rates are relatively high at 80 per cent, we are still seeing more people being fined under the act rather than jailed and even those who are sent to prison are receiving quite short sentences while police officers and their families are left not just with the physical effects of being assaulted but all too often a psychological impact too.
“The Crown Prosecution Service now has to step up and ensure it is charging people for the correct offence while the courts must make full use of the sentencing powers available to them. Attacks on police officers are an attack on society itself and we have to see those who commit these despicable assaults suitably punished.”
Jon’s views are in line with those of the national Federation chair John Apter who referred to statistics on assaults on emergency service workers: “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.”
Speaking at the Federation’s centenary celebration event in November last year, Home Secretary Priti Patel said she would consider doubling the 12-month maximum sentence for assaults on emergency service workers.
Jon welcomed the Home Secretary’s stance but said this would be useless if the courts remained reluctant to hand out the maximum sentences they already had available to them.
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).
