Assaults on Emergency Workers (Offences) Bill Debate

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Department: Ministry of Justice

Assaults on Emergency Workers (Offences) Bill

Chris Philp Excerpts
The fact is that some serious assaults are being charged as an assault against a police officer. I heard of one case in which a police officer lost her finger following an attack by a female defendant, which absolutely should have attracted a higher sentence than the six months available to magistrates. The woman had attacked four other police officers on the same occasion, as well having previously been convicted of multiple previous assaults on police officers, which goes back to the point raised by my hon. Friend the Member for North East Somerset (Mr Rees-Mogg). That may be an under-charging issue, but it is one that we see time and again in the courts.
Chris Philp Portrait Chris Philp (Croydon South) (Con)
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I just want to clarify something. When my hon. Friend talks about an under-charging issue, does he mean that, in the example of an officer’s finger being severed, a more serious charge could have been brought—grievous bodily harm, I would imagine—that would have attracted a much higher sentence? Therefore, it may not be primary legislation that needs to be changed, but simply the charging practices of the Crown Prosecution Service.

Philip Davies Portrait Philip Davies
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That is all very well in theory, and I am pretty sure that that would do the trick in an academic dissertation, but the problem is what we see in the real world time and again. I would be astonished if any Member could not think of an example of a criminal who had committed a serious offence being under-charged and prosecuted for a lesser offence. The reasons for that are numerous, but the biggest one is as follows.

This country supposedly does not have the American system of plea bargaining, but we do in reality. No matter how much the criminal justice system would deny it, we do have that system. The CPS will say that it is going to charge somebody with a serious offence, and the person will say, “I am going to plead not guilty to that.” The defence solicitor or barrister will no doubt then say, “I’ll tell you what, if you charge them with a lesser offence, my client will plead guilty.” So to avoid a trial or to save time or whatever, the CPS, which often feels overstretched, will say, “Oh, go on then. We will charge them for the lesser offence. It will not be the actual offence that they committed, but it will get them a criminal record and get us a guilty plea. It will tidy up our figures, and we will be able to say that we have brought somebody to justice.” The CPS will then consider that a great success. Meanwhile, back at the ranch, the victim of the crime, who presumably is barely even considered in this box-ticking, target-driven agenda, sees the person who committed the offence against them being given a derisory sentence. That is what we see time after time. Anybody who thinks that we do not is not living in the real world, because it happens on a daily basis in the criminal justice system.

Although my hon. Friend the Member for Croydon South (Chris Philp) is right that the responsibility clearly lies with the CPS to charge people appropriately for the offence they have committed—nobody disagrees with that principle—we know that that does not happen in practice. Therefore, even if the CPS does what it seems to do on a regular basis and charges people for a lesser offence, it is beholden upon us to ensure that the judge or magistrate has an appropriate sentence to give out when the most egregious cases come before the courts. In the example that I just gave, a police officer actually lost a finger but the defendant was charged with assaulting a police officer, and we cannot let it stand that the sentence can be just six months, or even just 12 months.