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Under newly updated guidance from the Crown Prosecution Service released today, emergency workers who are assaulted while on duty could see swifter resolution as more cases are tried in magistrates’ courts and not bogged down in the Crown Court where victims can wait months or even years to see justice done.
The Crown Prosecution Service (CPS) has updated its guidance to prosecutors to encourage them to consider the full range of available offences when charging assaults against emergency workers.
Current CPS guidance prevents prosecutors from bringing charges which could be dealt with quickly in the magistrates’ courts if, instead, a charge of assaulting an emergency worker (AEW) is available.
The AEW offence was introduced by the 2018 Assaults on Emergency Workers Act and is triable both in the magistrates’ courts and the Crown Court. This means that many cases end up in the Crown Court which do not need to be there, usually because the defendant elects to have a Crown Court trial, and then victims have to wait many months and sometimes years to see that justice is done.
The CPS says that data from the Ministry of Justice shows that on average the same severity of punishment could be handed down for summary offences tried in the magistrates’ court, meaning perpetrators face justice much sooner.
Expanding on its explanation about the change to guidance, the CPS confirmed that prosecutors will continue to apply the charge of Assaulting an Emergency Worker where the evidence and public interest require it, and will also be encouraged to apply even more serious charges such as ABH and GBH if there is evidence of harm which warrants a lengthier sentence.
Consultation process
To develop this guidance, the CPS has been in discussion with leaders from national organisations representing police, fire and ambulance staff. Director of Public Prosecutions Stephen Parkinson said: “I am deeply grateful to our partners in the emergency services, whose expert input has been invaluable in helping to update these guidelines and as we work together to bring those who attack frontline workers to justice.”
“This (change to guidance) means that serious assaults will face the weightiest charges, while ensuring that incidents that could be prosecuted more swiftly are dealt with summarily – helping more victims get closure sooner.”
Stephen Parkinson, Director of Public Prosecutions.
The timing of this change coincides with recent data from the Association of Ambulance Chief Executives (AACE) which showed a 15% increase in reported incidents, with over 22,000 incidents across UK ambulance services last year. AACE Managing Director Anna Parry welcomed the publication of the guidance.
“These new guidelines can help to enable stronger sentencing where it is appropriate and give victims a stronger voice by encouraging prosecutors to take victim impact statements into account when selecting charges. We hope all of this will lead to swifter justice for our people who experience these horrific crimes.”
Anna Parry, MD, AACE.
The new guidance places a greater emphasis on the voice of victims, encouraging prosecutors to take victim impact statements into account when they are considering the impact an assault has had and what the charges should be. Police Federation England and Wales Acting Chair, Tiff Lynch said that those who attack police officers “must feel the full force of the law.”
She thanked Stephen Parkinson for his ‘personal involvement’ in the changes and his approach to consultation that had seen the CPS accepting the Federation’s proposal for police officers to provide a Victim Personal Statement, putting them as victims at the heart of the process.
The way in which the updated guidance is being applied by prosecutors will be reviewed in six months to ensure it is having the intended effect.
Read more about the impact of assaults on front line workers – Chief constable speaks out after 10 officers assaulted in 48 hours.
