08/07/22

Police, Crime, Sentencing and Courts Act 2022

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The Police, Crime Sentencing and Courts Act 2022 (‘the Act’) provides for a number of provisions which will come into force throughout this year.

The measures in the Act are directed to protect citizens and communities and ensure that they can conduct their daily lives peacefully and without unnecessary interference and, inter alia:

  • protect the police and other emergency workers
  • provide the police with the tools needed to tackle crime and disorder,
  • uphold the right to peaceful protest while providing the police with the necessary powers to stop disproportionate disruptive protests,
  • ensure serious criminals spend longer in custody,
  • make community sentences more effective,
  • strengthen alternatives to custody for children,
  • extend the football banning orders regime so that persons convicted of online abuse offences can be made subject to an order.

In this and subsequent articles, Helen Holder of Kangs Solicitors will outline some of the changes under the Act.

Offences against Police and Other Emergency Workers

The Law.

Section 2 of the Act amends the Assaults on Emergency Workers (Offences) Act 2018 (‘the 2018 Act’) applies to offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker.

Section 3 of the 2018 Act provides:   

‘Meaning of ‘’emergency worker’’

(1) In sections 1 and 2, “emergency worker” means—

(a) a constable;

(b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;

(c) a National Crime Agency officer;

(d) a prison officer;

(e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;

(f) a prisoner custody officer, so far as relating to the exercise of escort functions;

(g) a custody officer, so far as relating to the exercise of escort functions;

(h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;

(i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);

(j) a person employed for the purposes of providing, or engaged to provide—

  (i) NHS health services, or

  (ii) services in the support of the provision of NHS health services,

and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.

(2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid.

(3) In this section—

“custodial institution” means any of the following—

(a) a prison;

(b) a young offender institution, secure training centre, secure college or remand centre;

(c) a removal centre, a short-term holding facility or pre-departure accommodation, as defined by section 147 of the Immigration and Asylum Act 1999;

(d) services custody premises, as defined by section 300(7) of the Armed Forces Act 2006;

“custody officer” has the meaning given by section 12(3) of the Criminal Justice and Public Order Act 1994;

“escort functions”—

(a) in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991;

(b) in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994;

“NHS health services” means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006;

“prisoner custody officer” has the meaning given by section 89(1) of the Criminal Justice Act 1991.’

Time of Commission of the Offence.

The 2018 Act clarifies that the offence is committed even when the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

Sentencing Powers.

Section 2 of the Act has increased the Court’s sentencing powers with the effect that the maximum penalty for the offence has increased from twelve months imprisonment to two years imprisonment.

How Can We Help You?

The increase in the length of imprisonment which can now be handed down is evidence of the governments serious intent to punish offences committed against emergency workers. 

It is therefore essential that any person accused of committing such offence seeks specialist advice as soon as possible and the Team at Kangs solicitors can assist clients by  providing:

We welcome enquiries by telephone or email.

We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

Contact:

Suki Randhawa

Email Suki
020 7936 6396
0121 449 9888

Amandeep Murria

Email Amandeep
0161 817 5020
0121 449 9888

Helen Holder

Email Helen
0121 449 9888
0161 817 5020

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