Assault On An Emergency Worker Vs Assault On A Police Officer – What Are The Differences And How Do These Affect Those Charged With These Offences?

The offence of assault on an emergency worker is a newer offence which came into force in November 2018 and is an offence we regularly represent clients for in the criminal courts.

This offence is similar to, but does not replace, the offence of assault of a Police Constable.

In 2024, over 14,000 adult offenders were sentenced for this offence. Facing these charges can be very stressful and it is important to understand the offences and possible consequences.

This post will provide a simple guide to understanding the key differences between these two charges and what they would mean for the individuals charged with these offences.

Key Differences

Assault on a Police Officer is an older offence under the Police Act 1996, which specifically applies to police officers and those assisting them. Alternatively Assault on an emergency worker under the Assault on Emergency Worker (Offences) Act 2018, covers a range of different emergency workers including police officers, NHS staff, prison officers and firefighters.

A key distinction in these offences is the possible sentencing outcome from these charges. Assault on an Emergency Worker carries a maximum penalty of two years’ imprisonment whereas Assault on a Police Officer is a less serious charge carrying a maximum penalty of six months’ imprisonment. This means there is a large consequential difference for what can often be the same alleged actions. Compared with standard common assault offences, both offences result in the custodial threshold being crossed more easily as an offence against these professionals is an aggravating factor. This can put individuals at a greater risk of a prison sentence as a consequence of being found guilty of this offence.

In addition, there are differences in the defences available for these two offences.

Under the Police Act 1996, for an Assault on a Police Officer, the officer must have been acting lawfully in the ‘execution of their duty’. If it is found the officer was acting unlawfully, that is a defence against any subsequent assault committed on that officer. An example of this type of unlawful action includes the officer using excessive force or arresting an individual without proper grounds to do so. If this defence can be raised successfully, and it is demonstrated that an officer was acting unlawfully, the individual should be acquitted.

Assault against an Emergency Worker differs in this sense: the emergency worker only needs to be acting in the ‘exercise of their functions’. This may appear to be a small distinction, however, in practice this means even if a worker is performing their functions unlawfully, this does not provide a defence to the individuals actions.

This is confirmed by the High Court in DPP v Price and Darby (2024[SC1.1][KM1.2]). The High Court stated it is not a precondition of an emergency worker acting in the exercise of their function that they were also acting lawfully; provided the accused used disproportionate or unreasonable force they can be found guilty of the offence regardless of the emergency workers’ actions. Due to this, it can be much more difficult for defendants facing these charges to provide a defence in court.

The most practical difference between these two offences is that a charge of Assault against an Emergency Worker is one that can be heard in the magistrates’ court or the Crown Court, in front of a jury. The charge of Assaulting a Police Constable can only be heard in the magistrates’ court, so any trial will always be before magistrates’ or a District Judge, with no right to a jury. Generally, there are higher prospects of acquittal before a Crown Court with a jury. However, there are benefits of being charged with the lesser offence as you have the opportunity to raise the additional defence that the police officer was acting unlawfully.

At Hodge Jones and Allen, we deal with many cases involving offences where the allegation is made by a police officer.

Our criminal defence team advises on a range of offences and if your matter ends up in the police station or court, we’ll guide and represent you through the entire process. We encourage anyone seeking legal advice in this area to contact our team on 0330 822 3451 or request a callback.