Policy background Mandatory life sentence for the unlawful act manslaughter of an emergency worker ("Harper’s Law")
The maximum penalty for manslaughter is life imprisonment, and that is currently imposed at the discretion of the court. However, following the death of PC Andrew Harper and the subsequent campaign by his family and the Police Federation for England and Wales ("the Police Federation"), the Government decided that a life sentence should always be imposed on those who are convicted of the unlawful act manslaughter of an emergency worker who is acting in the exercise of their functions as such a worker, unless there are exceptional circumstances relating to the offence or offender which justify not doing so. Section 3 makes this change in the Code. The court will retain its discretion in setting the minimum term within the life sentence.
	The policy intention in relation to this change is to ensure that the punishment properly reflects the severity of the offence and reflects the great societal harm that caused when an emergency worker is killed whilst carrying out their role.
	This sentence will apply in cases where an offender who was aged 16 or over at the time of the offence is convicted of the unlawful act manslaughter of an emergency worker, who was acting in the exercise of their functions of such a worker at the time. "Emergency worker" is defined by reference to section 68 of the Sentencing Code 2020 (which itself reflects the definition set out in the Assaults on Emergency Workers (Offences) Act 2018).
	This definition of an emergency worker includes police officers; NHS workers such as doctors, nurses and paramedics, whose general activities involve face to face interaction with those receiving NHS services, or other members of the public, and fire fighters, among others.