Assaulting a Police Officer: Offence, Proof and Sentencing G...

Introduction

Assaulting a police officer is prosecuted under the Assaults on Emergency Workers (Offences) Act 2018. This replaced older provisions under the Police Act 1996 and gives courts stronger sentencing powers. The offence is treated as an aggravated form of common assault or battery where the victim is an emergency worker, such as a police constable, acting in the exercise of their functions.

Key update: offences committed on or after 28 June 2022 carry a maximum of 2 years’ imprisonment. For offences before that date, the maximum was 1 year.

What You’ll Learn

• What counts as common assault and what counts as battery
• Who is an “emergency worker” under section 3(1) of the 2018 Act
• What the prosecution must prove, including intention or recklessness
• What “acting in the exercise of functions” means in practice
• How courts assess culpability and harm under the sentencing guidelines
• The effect of the 28 June 2022 increase to the maximum sentence
• Practical steps to take if you have been accused

Core Concepts

The statutory framework

• Section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies where a person commits common assault or battery against an emergency worker who is acting in the exercise of their functions.
• The offence covers day‑to‑day policing tasks; it is not limited to urgent or life‑threatening incidents.
• The change from the Police Act 1996 to the 2018 Act was designed to reflect the seriousness of assaults on emergency workers and to strengthen sentencing powers.

Common assault vs battery

• Common assault is causing another person to fear immediate unlawful force. No physical contact is required. The key question is whether the officer perceived a threat of immediate unlawful violence caused intentionally or recklessly by the defendant.
• Battery is the intentional or reckless application of unlawful force. Any unwanted touching can be enough; injury is not required, though injuries may affect sentencing.

Key mental elements:

• Intention: aiming to cause the fear (assault) or the contact (battery).
• Recklessness: being aware of a risk that fear or force would occur and unreasonably going ahead anyway.

Who is an “emergency worker”?

Section 3(1) of the 2018 Act lists roles that qualify, including:

• A constable (police officer)
• A person with powers of a constable or employed/engaged for police purposes
• A National Crime Agency officer
• A prison officer
• A person (other than a prison officer) carrying out custodial functions of a similar kind
• A prison custody officer
• A custody officer
• A person employed or engaged to provide fire or fire and rescue services
• A person employed or engaged to provide search or rescue services
• A person employed or engaged to provide NHS health services or support for NHS services

Acting in the exercise of functions

• The prosecution must show the officer was performing work activities falling within their role at the time of the alleged offence (for example, stopping a vehicle, making an arrest, guarding a scene, managing a detainee in custody).
• There is no need for an “emergency” in the everyday sense; routine duties are covered.
• The context matters. The prosecution should be able to explain precisely what the officer was doing.

What the prosecution must prove

For common assault (fear of violence):

• Conduct that caused the officer to reasonably fear immediate unlawful force.
• The defendant intended to cause that fear or was reckless as to whether it would be caused.
• The officer perceived the threat at the time.

For battery (unlawful touching):

• Unlawful force was applied to the officer.
• The defendant intended the contact or was reckless as to whether it would occur.
• No injury is required, only contact.

For both:

• The officer was an emergency worker under section 3(1).
• The officer was acting in the exercise of their functions.

Sentencing: culpability and harm

When sentencing this offence, the court assesses:

• Culpability (how blameworthy the conduct was)
• Harm (the injury, loss or distress caused)

Culpability can be increased by, for example:

• Intending to cause fear of serious harm
• Use of substantial force
• Threatening a weapon
• A leading role in group offending

Lower culpability indicators can include:

• A lesser role in group offending
• Mental disorder or learning disability affecting judgement
• Excessive but not wholly unjustified self‑defence

Harm is assessed by looking at:

• Number and seriousness of injuries
• Duration or severity of any psychological harm
• Any lasting effects, including time off work or long‑term distress

Maximum sentence:

• 2 years’ custody for offences committed on/after 28 June 2022
• 1 year for offences before that date

Sentences range from low‑level community orders to immediate custody, depending on the category reached after assessing culpability and harm, along with aggravating and mitigating features.

Key Examples or Case Studies

• Raised fist, no contact (common assault)

  • During a street stop, a suspect steps towards a police officer and raises a fist while shouting threats. The officer fears being struck. No physical contact occurs.
  • Likely charge: assaulting an emergency worker (common assault).
  • Sentencing factors: intention to cause fear, proximity, officer’s immediate fear, any prior threats. Outcomes may range from a fine or community order to a short custodial sentence where culpability is high (for example, repeated threats or attempts).

• Push with minor injury (battery)

  • While being escorted to a police vehicle, a detainee forcefully pushes an officer, causing the officer to fall and bruise a knee.
  • Likely charge: assaulting an emergency worker (battery).
  • Sentencing factors: use of substantial force, actual injury, intoxication (not generally a defence), previous convictions, remorse. Sentence could span from a community order to custody, depending on the harm and culpability category.

• Spitting at an officer (battery)

  • A suspect spits in an officer’s face during an arrest. No lasting physical injury, but high distress.
  • Likely charge: assaulting an emergency worker (battery).
  • Sentencing factors: spitting is often treated as particularly offensive conduct; potential for infection risk; psychological harm. Courts frequently consider immediate custody where culpability is high.

• Off‑duty officer performing duties (status point)

  • An off‑duty officer intervenes in a street fight, identifies themselves, and starts to detain a suspect. The suspect strikes the officer.
  • Key issue: was the officer acting in the exercise of their functions (identifying themselves and performing police duties)? If yes, the 2018 Act applies. If not, the general law on assault or battery may apply instead.

Practical Applications

• If you have been accused

  • Seek legal advice promptly. Do not attend a police interview without a solicitor.
  • Provide your lawyer with any evidence that could assist, such as:
    • CCTV or mobile footage
    • Details of witnesses
    • Medical records if mental health or learning disability is relevant
  • If self‑defence is raised, be ready to explain the threat you perceived and why your response was reasonable and proportionate.
  • Consider early guilty plea credit: a timely guilty plea can reduce the sentence, often by up to one‑third at the first reasonable opportunity (seek specific advice).

• Points your lawyer will examine

  • Was the officer an emergency worker as defined by section 3(1)?
  • Was the officer acting in the exercise of their functions at the time?
  • For assault: did the officer actually fear immediate unlawful force, and was that fear reasonable?
  • For battery: was there unlawful contact, and was it intentional or reckless?
  • Are there any dispute points on identity, body‑worn video coverage, or the sequence of events?

• Sentencing preparation

  • Aggravating features may include: injury, use of substantial force, spitting, group behaviour, previous convictions, offending while on bail.
  • Mitigation may include: no previous convictions, remorse, mental disorder or learning disability, provocation, excessive self‑defence, steps taken to address alcohol or drug misuse, positive character references, willingness to pay compensation.
  • Practical outcomes can include: compensation orders, rehabilitation activity requirements, unpaid work, curfews, or custodial terms for higher categories.

• Important reminders

  • Injury is not required for the offence; however, any injury or lasting distress will increase harm.
  • Intoxication is rarely helpful in law for these offences (they are generally treated as offences of basic intent).
  • The increase to a 2‑year maximum applies to offences committed on or after 28 June 2022. Check the offence date.

Summary Checklist

• Confirm whether the conduct is common assault (fear of immediate unlawful force) or battery (unlawful contact).
• Check that the complainant is an emergency worker under section 3(1) of the 2018 Act.
• Ensure the officer was acting in the exercise of their functions at the time.
• Identify intention or recklessness.
• Gather evidence: body‑worn video, CCTV, witnesses, medical records if relevant.
• Assess culpability (e.g., use of substantial force, threats, group role, mental health).
• Assess harm (injuries, psychological impact, lasting effects).
• Note the maximum sentence: 2 years for offences on/after 28 June 2022; 1 year if before.
• Consider early guilty plea credit and prepare mitigation where appropriate.
• Seek legal advice at the earliest opportunity.

Quick Reference