The Sentencing Council published revised draft guidelines last week for seven assault offences, including common assault, attempted murder and assaulting an emergency worker. In response to the COVID-19 pandemic, the draft guidelines class ‘intention to cause fear of serious harm, including disease transmission’ as a new high-culpability factor, while ‘spitting or coughing’ is an aggravating factor.
Sentencing Council spokesperson, Mr Justice Julian Goose, said: ‘Assault offences can be very personal crimes. It is important that sentences should be appropriate and proportionate, and reflect the harm caused to victims.
‘When in force, they will provide protection in the years ahead for the public and the people who serve them by providing public services or as emergency workers.’
The Assaults on Emergency Workers (Offences) Act 2018 introduced a higher statutory maximum sentence of 12 months for offences of common assault against people specified as emergency workers.
The guidance for attempted murder has been revised to reflect changes to legislation where weapons are taken to the scene. The main thrust of the revisions is change to the way the seriousness of assault offences is assessed―the culpability and harm factors are more specific, and there is a greater number of offence categories and sentence starting points and ranges.
Judges, magistrates, lawyers and members of the public are invited to respond to the consultation by 15 September 2020. The guidelines are expected to come into force next year.
The consultation, ‘Assault offences consultation’, is available at: www.sentencingcouncil.org.uk/consultations/assault-offences-consultation.
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