Policy background Assaults on emergency workers
The Assaults on Emergency Workers (Offences) Act 2018 modified the criminal offence of common assault or battery in instances where it is committed against an emergency worker who is acting in the course of their functions to provide for a maximum custodial penalty on summary conviction or on indictment of 12 months’ imprisonment.
	Section 67 of the Sentencing Code ("the Code") (set by the Sentencing Act 2020 ("the 2020 Act")) provides that more serious assaults committed against emergency workers may be aggravated on sentence within the current statutory maxima for these offences.
	On 13 July 2020 the Government launched a targeted consultation on doubling the maximum penalty for assaulting an emergency worker to two years. This was in line with the Government’s manifesto commitment. This consultation was directed at representative groups of emergency workers and other key stakeholders. The large majority of those who responded were in favour of doubling the maximum penalty from 12 months to two years.
	Following consultation, on 15 September 2020, the Government announced that it would bring forward legislation to increase the maximum penalty for assaulting an emergency worker from 12 months’ to two years’ imprisonment.
	The Act seeks to ensure that the law provides emergency workers with sufficient protection to enable them to carry out their duties, and the maximum penalty reflects the severity of these offences.
	The current definition of an emergency worker applies to front-line workers who operate in what can sometimes be in life or death situations to protect the public and this may mean they place themselves at personal risk. It is in this context that the law recognises them for special protection.
	The current maximum penalty for the offence of common assault or battery committed against an emergency worker is 12 months’ imprisonment. Section 2 increases the maximum penalty from 12 months to two years’ imprisonment and provides the courts with enhanced powers to sentence in a way that reflects the severity of the offence.