Criminal Justice and Courts Bill

Lord Bishop of Chester Excerpts

Monday 21st July 2014 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, many years ago, I was a shop worker. Although I never sold alcohol, I certainly recall having to deal with difficult situations. I was then a member of USDAW and active in the trade union so I am delighted to speak in support of the amendment today. USDAW is one of the most effective unions operating in the UK today. For many years, it has run its Freedom from Fear campaign, which raises the issue of shop workers put in difficult and threatening situations just because they are going about doing their job. It has put proposals to the Government and others to ensure that shop workers—in this case, people working in pubs, bars and clubs—can do so free from fear of attack.

The amendment would create a specific offence of assaulting a bar or shop worker selling alcohol. This group of workers has a unique set of obligations put on them by the Licensing Act 2003. I and other noble Lords think that they deserve similar protection while they seek to enforce the law on our behalf. My noble friend has taken on board the comments made by Mr Robert Buckland in the other place. As he mentioned, he has just been made the new Solicitor-General in the Government.

I hope that the Minister will not tell the House that we already have adequate protections for these workers anyway. I certainly do not believe that it is the case. They are certainly some of the most vulnerable workers working in the retail and service sector. If he is not prepared to accept the amendment today, I hope he will agree to meet me, my noble friend Lord Foulkes, representatives from USDAW and all the retail organisations which, as my noble friend said, are backing this amendment, and that we can persuade him that workers selling alcohol need this additional protection.

Someone working with the public is especially traumatised by an attack at their place of work. They usually have to go back into that situation, facing a constant stream of strangers, any of whom could become violent. Reports of anxiety and panic attacks on returning to work after an assault, with the constant worry that the next person walking in through the door could be their attacker, are not uncommon.

We are all aware of the trigger that alcohol can be to violent crime. Figures have been produced by the police, the Health and Safety Executive and others that prove that; it is not in dispute. Workers who serve alcohol have to enforce the law, as my noble friend says. They are required to obtain proof of age from the purchaser, to refuse to serve alcohol to someone who is drunk and aggressive and to refuse the proxy sale of alcohol. The staff have no option; they have to enforce the law. These actions are all major triggers for assaults on staff, but if they are not undertaken the staff could be liable for prosecution themselves, resulting in a heavy fine, maybe the loss of their job and possibly the loss of the licence for the business. We should also remember that these people could also be working late at night, possibly on their own, in a corner shop or a petrol station. Some workers are too traumatised to return to the same job and lose their livelihood in addition to the physical effects that they have had to endure. Victims rightly feel that sentencing should reflect those effects on their lives.

The sentencing guidelines for all types of assaults state that that an offence,

“committed against those working in the public sector or providing a service to the public”,

is an aggravating factor that adds to the seriousness of the crime. Creating a specific offence would send a clear message that violence against somebody serving the public is not acceptable. Preliminary evidence from Scotland where a similar measure was introduced for emergency workers shows that that the number of such incidents has declined since the legislation was introduced. That is another reason why we are better together, so that we have the experience of our colleagues in other parts of the United Kingdom.

I want to mention one incident that happened to a team leader at a checkout at a large supermarket in Rochdale. That store had only one security guard. The team leader had to step in and assist whenever the checkout person received abuse or had a problem. In October last year, that team leader went to help when a gang of youths had been refused the sale of alcohol and were racially abusing the security guard. The youths went away, the incident was reported, but when the police arrived they had already left. The next evening another security guard was on duty and he shouted for help as the same gang of youths approached the store. One youth started to spray liquid in the face of the security guard, and the team leader ended up in a scuffle with one of the youths. He woke up in hospital eight days later, having suffered a severe heart attack, probably caused by a heavy kick to his chest. His wife had been told that he was unlikely to make it. He had been kicked in the face and lost some of his teeth and his colleagues who saw the attack had to be counselled for trauma. The attack has devastated his life. His heart has to be constantly monitored and he struggles even to walk to the local shops. He cannot do things that he used to enjoy doing with his family, including playing football with his son. He has not been able to go back to work; the doctor has said that he will be off work for at least 12 more months; his take-home pay used to be £1,300 a month, but he now receives sick pay of just £300 a month. Two males and one female took part in the assault; one youth received a small fine, the woman has not been found, and the other youth has been charged—the case will be heard in the autumn. We should all be concerned that, unless people who assault front-line staff receive adequate sentences, this sort of incident will continue. There was another case of a landlord in Bolton who refused to serve a young man whom he knew to be underage. When he took his dog out for a walk that night, the youth beat him up, kicking his face when he was on the ground and causing extensive cuts and bruising. The police arrested him and the next day he got a caution.

We all owe shop workers, particularly those who serve alcohol and have to enforce the law, proper protection. They do not get it at present and it is time that they did.

[The Lord Bishop of Chester]

My Lords, I have considerable sympathy for the amendment, although I wonder how it will interact with the remainder of the law on assault if this is criminalised in a specific way. I declare an interest in that I used to be a publican. When I was employed in a university, one of the members of staff had to go down to the magistrates’ court and swear that they were a fit person to keep order. That is the only time when I have been into a court of law in my life, and the magistrates were not quite sure that this young clergyman would be able to do so. My main task was to prevent the students drinking the profits rather than sorting out any brawls.

I would like the Minister to comment on the two examples that we have been given of the use of caution where assault takes place. If a publican’s wife was assaulted and her nose was broken and this simply resulted in a caution, that is widely held to be inadequate as a legal response. I hope that when he comes to reply the Minister will deal with that point, especially if he is not prepared to accept the amendment.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, it has been a short but informative debate, informed by experience from quarters where we do not necessarily expect it to be shown, but none the less welcome for that.

The amendment would make it an offence to assault a person who is required to enforce or comply with the Licensing Act 2003, either in the course of that worker’s employment or by reason of that worker’s employment. The proposed new offence would be triable either way, with a maximum penalty on indictment of two years’ imprisonment, or an unlimited fine, or both.

The House will of course join me in condemning assaults on anyone who comes into contact with the public as part of their work. No one should be expected to face violence because they are simply doing their job. In particular, it is essential that the criminal justice system deals adequately with violence against people who are engaged in the licensed sale of alcohol—for instance, in pubs, off-licences, supermarkets or corner shops. However, the Government do not at the moment agree that creating a new offence is the right way to combat this unacceptable behaviour. The Government are committed to creating new offences only where it is considered necessary, there are no other reasonable options available, and there is evidence to support the need for a new offence. I will endeavour to explain why we do not believe that is the case in relation to assaults on workers enforcing or complying with the Licensing Act 2003.

There are already a number of offences that criminalise disorderly and violent behaviour, and which apply in cases of violence towards such workers. They cover the full spectrum of unacceptable behaviour, from using abusive language to the most serious and violent offences. In every case referred to the Crown Prosecution Service where there is sufficient evidence to justify a prosecution, prosecutors must then go on to consider whether a prosecution is required in the public interest. The section of the Code for Crown Prosecutors giving guidance on the public interest test states:

“A prosecution is also more likely if the offence has been committed against a victim who was at the time a person serving the public”.

If the evidence is there and the code is satisfied, the CPS will prosecute.

Moreover, sentencing guidelines, to which there has been reference, specify that where an assault is committed against someone providing a service to the public, whether in the public or private sector, this is an aggravating factor and so should result in a higher sentence within the current maximum. The Sentencing Council has made clear in its guidance that that includes those who work in shops and the wider retail business and such people who might well be enforcing or complying with the Licensing Act 2003.

The noble Lord, Lord Foulkes, referred to the observations of my honourable friend Robert Buckland, now the Solicitor-General. It is not normal for a Minister to give advice from the Dispatch Box but the noble Lord, as an experienced parliamentarian, will know that the Solicitor-General and the Attorney-General are in fact the law officers responsible in the case of unduly lenient sentences and can themselves initiate an appeal to the Court of Appeal should sentences be regarded as too long. In fact anyone can refer those sentences for consideration by the law officers, so that is a matter that he may well wish to convey to USDAW if it is not already aware of that.

Currently, the only offences of assault on members of specific groups are the offences of assault on a police constable in the execution of his or her duty and assault on an immigration officer. Creating a new offence of assault on workers selling alcohol would single out this type of assault as the only one meriting a specific offence alongside assaults on these public servants. I do not believe that this can be justified.

Whoever the victim, the degree of seriousness of an assault should depend on the particular facts of the case. Why should it be worse or more traumatic for the victim for someone to be assaulted at work rather than on the bus going to work, or for that matter when locking the front door as a result of an intrusion into the home? Of course, where the evidence indicates a more serious offence than merely common assault, whoever the victim, more serious charges are available to the prosecution, such as assault occasioning actual bodily harm, which carries a maximum penalty on indictment of five years’ imprisonment or an unlimited fine, or both, or grievous bodily harm under the 1861 Act.

There was reference to the position of police officers, who of course occupy a very important role. The offence of an assault on a constable or an immigration officer is a separate matter, although interestingly the proposed “triable either way” offence of assault on a worker selling alcohol would carry a higher sentence in the amendment than the offence of assault on a constable. I think it is fair to say that assault on a constable in the execution of their duty tends to be used for minor offences, whereas if there is a serious assault on a police officer it will be charged under the Offences Against the Person Act.

Noble Lords referred to cases that are not proceeded with, rather surprisingly on the facts of one particular case involving Barry and Teena, as the noble Lord, Lord Foulkes, said. USDAW has highlighted many cases that never reach the courts because the police and prosecution decide not to prosecute. As the Committee will appreciate, the investigation and prosecution of cases is a matter for the police and the Crown Prosecution Service, and regardless of the existence of a particular offence it is ultimately a matter for them whether they decide to investigate and prosecute.

Reference was made to the creation in Scotland of a specific offence of assaulting an emergency worker and it was suggested that this had increased the prosecution rate and resulted in a decrease of such offences. That was raised by the noble Lord, Lord Kennedy. Of course I entirely agree with the comment that we are better together. Be that as it may, what one can say about that, and there has been some research into it, is that it is difficult to draw any conclusions. It may well be that these offences are now being prosecuted under the legislation covering assaulting emergency workers whereas previously they would have been prosecuted under the common law of assault. The figures prior to the creation of the offence in the 2005 Act do not distinguish between those assaults that were committed against emergency workers and assaults against other people. It may be right, but we suggest that we cannot draw anything from that.

While I would be very happy to meet the noble Lords, Lord Foulkes and Lord Kennedy, to discuss matters further, at the moment we are unpersuaded of the need for these further offences despite the variation from the amendment put forward on the Anti-social Behaviour, Crime and Policing Bill. In light of the points that I have endeavoured to draw to the attention of the House, I hope that the noble Lord will feel able to withdraw his amendment.