On 27 May 2021 the Sentencing Counsel published Revised Sentencing Guidelines for assault offences including common assault and attempted murder together with new guidance for assault on emergency workers (‘the New Guidelines’) which will come into effect on 1 July 2021.
The New Guidelines have been revised following wide consultation and provide, for the first time, guidance for Magistrates and Judges when sentencing those convicted of offences against emergency workers.
If you are facing prosecution for any alleged criminal offence, or anticipate being subjected to such proceedings, it is essential that you seek immediate expert legal advice.
Kangs Solicitors is a top ranked firm for criminal defence work by both the leading law directories Chambers & Partners and the Legal 500 and our team is renowned for defending clients accused of serious criminal offences of every conceivable nature, including allegations of murder and assault.
For an initial no obligation discussion please call our team at any of our offices:
The New Guidelines | Kangs Criminal Defence Solicitors
The New Guidelines are designed to help courts achieve a consistent approach to sentencing assault offences, a balanced assessment of the seriousness of those offences and impose appropriate and proportionate sentences.
Conviction for this most serious form of non-fatal assault can now result in a prison sentence of up to forty years to reflect the gravity of the offence.
Common assault, assault on emergency workers and assault occasioning actual bodily harm.
The New Guidelines introduce:
- new guidance for sentencing aggravated offences of common assault on emergency workers has been aligned with the ‘uplift’ approach used for racially and religiously aggravated offences.
- a high culpability factor of ‘intention to cause fear of serious harm, including disease transmission’ for common assaults.
- an aggravating factor of ‘deliberately spitting or coughing’ for common assault and assault occasioning actual bodily harm offences.
- a high culpability factor of strangulation to include affixation and suffocation for all offences except attempted murder.
- a high culpability factor of ‘victim obviously vulnerable due to age, personal characteristics or circumstances’ for all offences, except for attempted murder.
- improved harm assessment to replace the current ‘injury which is serious in the context of the offence’.
- increased sentences for common assault offences with a starting point of a fine in only the lowest category of seriousness.
- a greater number of offence categories and sentence starting points designed to help ensure appropriate assessment of culpability and harm and proportionate sentences to reflect the seriousness of the offences.
- an extension of the aggravating factor of ‘offence committed against those working in the public sector or providing a service to the public’ to include offences against a person coming to the assistance of an emergency worker providing increased sentences for such offences.
How Can We Help? | Kangs Assault Offences Defence Solicitors
If any of the issues raised above are of concern, please do not hesitate to contact us.
We can advise upon the allegations made against you, the appropriate course for you to adopt and
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The team at Kangs Solicitors is available to assist clients in respect of all serious and complex criminal allegations.
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