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The consultation, launched today, is seeking views on a proposed sentencing guideline for the offence of assault on a police constable. The sentencing guideline is being updated in keeping with CPS charging policy. 

The CPS has resumed charging this offence where the likely sentence is below 6 months in custody, although it continues to charge assault on an emergency worker where multiple culpability or aggravating factors are present. This offence is not designed to cover all assaults on police officers. For more serious offences, where an assault leads to more significant injury than common assault level, then the attacker would potentially be charged with ABH or GBH. 

The revised guideline will ensure parity of sentence for assault on different categories of emergency worker victims and will be proportionate to other assault offences. 

The consultation is accepting responses until 31 May. You can read more about the consultation and respond via the Sentencing Council website. 

Notes to editors

1. Until recently common assault on police officers would ordinarily be charged as assault on an emergency worker under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 and sentenced using the Common assault guideline where an increase in the sentence for the aggravated offence is provided for.
2. Links to consultation will go live at 00:01 on 9 March.  
3. PDF of consultation is attached for your information and should not be distributed further. 
4. This is a consultation on draft guidelines, not a published definitive sentencing guideline.
5. By law, sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interest of justice to do so in all the circumstances of a particular case. 
6. The Sentencing Council was established by Parliament to be an independent body, but accountable to Parliament for its work which is scrutinised by the Justice Select Committee. Justice Ministers are accountable to Parliament for the Sentencing Council’s effectiveness and efficiency, for its use of public funds and for protecting its independence. Judicial Council members are appointed by the Lady Chief Justice with the agreement of the Lord Chancellor. Non-judicial members are appointed by the Lord Chancellor with agreement of the Lady Chief Justice. 
7. For more information, please email pressoffice@sentencingcouncil.gov.uk