Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what the average length of custodial sentence was for assaulting (a) an emergency worker, and (b) a police officer in the course of their duties in each year since 2019.

The Assaults on Emergency Workers (Offences) Act 2018 created an aggravated offence of common assault or battery when committed against an emergency worker acting in the exercise of their functions as an emergency worker, including a police constable. The Police, Crime, Sentencing and Courts Act 2022 increased the maximum penalty from 12 months to 2 years’ imprisonment for any offence committed on or after 28 June 2022.

The Police Act 1996 includes an offence of assault of a constable in the execution of his duty, with a maximum penalty of 6 months imprisonment. This offence remains on the statute book as it has broader application than the assaults on emergency workers offence and includes the wilful obstruction of a constable, or the assault of a person assisting a constable. However, there may be circumstances in which this offence remains to be used for an assault on a constable.

The Ministry of Justice publishes information on the number of offenders sentenced and the average custodial sentence length for both offences in the Outcomes by Offence data tool: December 2022, using the following HO codes:

• 10423 - Assault on a constable
• 00873 – Common assault or battery of an emergency worker

While improving our data processing in 2022, a data mapping issue was discovered in the Courts Proceedings Database whereby an estimated 1,301 convictions (227 in 2019, 530 in 2020 and 544 in 2021) for the offence ‘00873 – Common assault or battery of an emergency worker’ were not correctly mapped to this offence at Crown Court, therefore were not presented in the published data. We are exploring ways to add these convictions to the Outcomes by Offence data tool in future publications. This mapping was corrected in data for 2022 and therefore all data going forward will present correct figures.

There are also several other assault offences which may be charged depending on the level of harm caused including actual bodily harm, grievous bodily harm, and grievous bodily harm with intent. These are not specific to emergency workers or police officers. However, the Assaults on Emergency Workers (Offences) Act 2018 created a statutory aggravating factor where such offences are committed against an emergency worker