Harper’s Law | Police, Crime, Sentencing and Courts Act 2022 | Kangs Criminal Defence Solicitors
Further to our article posted to this website on 8 July 2022 entitled Police, Crime, Sentencing and Courts Act 2022 (‘the Act’) Helen Holder of Kangs Solicitors now considers section 3 of the Act, known as Harper’s Law, which commenced on 28 June 2022.
Kangs Solicitors has been defending clients charged with criminal conduct for well over twenty years since the firm was originally established in 1997 and we are rated as one of the best criminal law firms in the country being top ranked in both the leading legal directories, the Legal 500 and Chambers UK.
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Life Sentence for Manslaughter of Emergency Worker | Harper’s Law
- Following the tragic death of PC Andrew Harper in 2019 and the convictions and sentences that followed for those convicted of his manslaughter, a long campaign ensued to increase sentences for those convicted of killing emergency workers.
- provides for mandatory life sentences to those convicted of unlawful act manslaughter of an emergency worker who was acting in the exercise of their functions as such a worker.
- The definition of an emergency worker was provided in our first article referred to above which highlighted the increase in sentencing powers for common assault or battery on an emergency worker. It would also apply where the emergency worker was not at work or on duty but was carrying out functions which if carried out during work hours would have been considered as exercising those duties for example an off-duty police officer apprehending a burglar. The definition of an emergency worker can be found by following the following link: Police, Crime, Sentencing and Courts Act 2022 | Kangs Criminal Defence Solicitors
- The mandatory life sentence only applies to unlawful act manslaughter and not gross negligence manslaughter or those predicated by legislation that provide partial defence to murder such as manslaughter by diminished responsibility.
- To be convicted there has to have been an unlawful act (i.e. a criminal offence) which was intentionally performed in circumstances that render it dangerous and the emergency worker’ s death is the result of such act.
- The mandatory life sentence will apply to those aged sixteen and seventeen years and adult offenders.
- The Act creates a discretion for the Sentencing Judge not to impose the mandatory life sentence in exceptional circumstances which justify not doing so.
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Kangs Solicitors offers many years’ experience gained from representing clients accused of criminal offences of every nature including the most serious of offences.
Our team provides our clients with:
- an initial no obligation consultation to discuss your case
- advice and representation in an interview under caution
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