Assault on an emergency worker: Consequences and sentencing

Assault on emergency workers is treated more seriously under the law than assault on ordinary members of the public. The maximum sentence on conviction is two years’ imprisonment, so it is essential to have the best possible defence if you are charged with this offence.

In this article, we discuss what is considered assault on an emergency worker, what points a prosecution would need to prove, who is considered an emergency worker, what the sentence might be for assault on an emergency worker, what factors affect sentencing and possible defence options, including whether being drunk is a defence.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support, then please get in touch and our team can advise you.

What is considered assault on an emergency worker?

There is specific legislation for England and Wales covering assaults on emergency workers – the Assaults on Emergency Workers (Offences) Act 2018. Under this legislation, an assault on an emergency worker is defined as an ‘aggravated assault’ meaning the courts will take it more seriously than assaults against other members of the public.

The assault on emergency workers legislation covers two specific offences:

1. Common assault – This is where it is alleged that the defendant caused the victim to fear that unlawful force would be used against them. This could apply either where it is alleged the defendant caused this fear intentionally or through recklessness.
2. Battery – This is where it is alleged that the defendant used unlawful force against the victim, either intentionally or recklessly. This may sometimes also be referred to as ‘assault by beating of an emergency worker’.

For the Assaults on Emergency Workers (Offences) Act 2018 to apply, it must be shown that the emergency worker was “acting in the exercise of functions as such a worker” at the time of the assault. The Act does not, therefore, apply if the emergency worker was acting in a civilian capacity at the time of the alleged assault.

Where an emergency worker has suffered an injury as a result of an assault, the offender might potentially be charged with one of the following offences instead:

• Actual bodily harm – Where the victim suffered an injury, from minor injuries such as scrapes and bruises up to more serious injuries, such as broken bones.
• Grievous bodily harm S20 or S18 with intent – Where the victim suffered a very serious, long-term injury, such as a severe broken bone, disability or disfigurement.

If there was a disorder but no injury that can be linked to you directly then it is possible you can face charges:

• Threatening behaviour
• Affray
• Violent disorder
• Disorderly conduct/S5 Public Order Act
• Drunk and disorderly

What points do you need to prove for assault on an emergency worker?

To secure a conviction for assault on an emergency worker, points to prove for the prosecution are that:

• The defendant assaulted the victim or as part of a group or participated in some way.
• The victim falls under the definition of an emergency worker as set out in the 2018 Act.
• That the victim was acting in their capacity as an emergency worker at the time of the assault.

We will ensure we scrutinise the body worn footage and CCTV plus statements available.

Who is considered an emergency worker?

The Assaults on Emergency Workers (Offences) Act 2018 offers a broad definition of who is classified as an emergency worker, including:

• Police officers – This acts as a separate offence. Please refer to our article on Assaulting a police officer: Consequences and sentencing.
• People acting with the powers of a police officer, employed for police purposes or providing services for the police
• National Crime Agency Officers NCA
• Prison officers
• Prison custody officers
• Fire and rescue workers
• NHS workers

The definition includes both paid employees and volunteers.

What is the sentence for assault on an emergency worker?

Where the evidence is strong, and you have no credible defence we will advise you about credit for an early guilty plea.

Under the assault on an emergency worker sentencing guidelines, the minimum sentence a judge can impose on conviction would be a low-level community order, while the maximum sentence would be two years imprisonment.

If the defendant is instead convicted of a more serious offence, such as actual bodily harm or grievous bodily harm, the sentence may be more severe.

The quality of your legal defence is likely to make a significant difference to the severity of any sentence on conviction, so this is something you should consider carefully when choosing your representation.

Sentencing guidelines for assault on emergency workers will also vary depending on the nature of the offence and the legislation used:

• Common Assault and battery - Section 3
  • Triable only summarily
  • Maximum: 6 months’ custody
  • Offence range: Discharge – 26 weeks’ custody
• Racially or religiously aggravated offence – Section 29
  • Triable either way
  • Maximum: 2 years custody
• Offence committed against an emergency worker – Section 1
  • Triable either way
  • Maximum: 2 years’ custody (1 year’s custody for offences committed before 28 June 2022)

There will be an uplift by the court for racially or religiously aggravated offences.

What factors affect sentencing?

Factors that may affect sentencing for assault on an emergency worker include:

• The level of harm the victim experienced
• The offender’s level of culpability e.g. was there an intention to cause serious fear? Was substantial force used? Was a weapon used or was the victim threatened with a weapon? Was the defendant acting as part of a larger group where they played a leading role?

It is also possible that the defendant may be charged with additional offences, such as public order offences.

In such cases, the judge may have the option of ordering that the sentences be served concurrently (at the same time) or consecutively (one after another). This can make a significant difference to the impact on the defendant following a conviction.

Factors reducing sentencing and mitigation for an assault on an emergency worker

There are a range of mitigating factors which could reduce the severity of a sentence for an assault on an emergency worker. These include:

• No previous convictions or no relevant/recent convictions
• Remorse
• Good character and/or exemplary conduct
• A significant degree of provocation
• Age and/or lack of maturity
• Mental disorders or learning disability linked to the commission of the offence
• Sole or primary carer for dependent relative(s)
• Determination and/or demonstration of steps taken to address addiction or offending behaviour such as alcohol, drugs or treatment for anger or mental health
• Serious medical conditions requiring urgent, intensive or long-term treatment

What is the defence for assault on emergency workers?

Your defence options will depend on the situation you find yourself in, including whether you dispute that the offence took place or rather that you dispute some aspects of the prosecution’s case.

Where you dispute that the offence took place (or that you were the perpetrator) then it may be possible to introduce reasonable doubt as to your guilt.

• If you accept that the offence took place and that you were involved, then defence options may include:
• Self-defence (that the defendant had to use force or the threat of force to protect themselves)
• That the emergency worker was not acting in their professional capacity at the time of the alleged offence
• That the offender was incapable of understanding the consequences of their actions at the time of the alleged offence due to illness not induced by alcohol or drugs or failure to be treated. This is very complicated 
• Sometimes the facts are simply disputed and we are experts at getting to the truth

We have won many cases with not-guilty outcomes where emergency workers usually police officers have acted unreasonably or used excessive force. We have been able to persuade the court that the case cannot be proven or raised sufficient doubts. 

Is being drunk a defence?

While defendants who accept that they assaulted an emergency worker may feel that they were acting out of character due to being drunk or otherwise intoxicated, this is not a defence in law as this is self-induced intoxication.

Where being drunk or intoxicated at the time of the offence may be relevant to your defence is where it can be argued that you were so incapacitated that you could not form the intent to commit the offence in question and you must also show that you were not reckless.

Knowing whether such a defence is possible can be very difficult, so it is essential to have specialist legal advice and representation. Generally, drunken incidents are an upward struggle for most defendants but we have strong expertise in establishing facts.

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of the penalty.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

Fees and funding

We are transparent on costs at all times, no matter your circumstances.

If you need to attend court, legal aid public funding will be available in some cases, based on the seriousness of the case justifying the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative option will be to fund their case privately.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?
• Do We Offer Free Consultations?

Related offences

Please note that our expert solicitors also provide advice and support with various related offences, including:

• Common assault
• GBH
• Violent crime
• Racially or religiously aggravated offences

Speak to our criminal lawyers today

If you are due to attend the police station for an interview for allegations of assaulting an emergency, or require any urgent specialist advice, immediate representation, please do not hesitate to get in touch.

You can contact our specialist criminal defence lawyers in London, Birmingham and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 criminal defence

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice about assaulting an emergency worker.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.