Legal issues
The offence
Assaults on Emergency Workers (Offences) Act 2018, section 1. The worker must have been acting in the exercise of their functions, which includes when off duty but acting as if on duty.
Aggravation
For other offences, such as ABH, the emergency worker status is a statutory aggravating factor at sentence.
Defences
Self-defence applies, including where officers were acting unlawfully. Whether an arrest or use of force was lawful can be central.
Evidence that matters
Body-worn video is usually decisive. Request the full footage, not just extracts, and custody CCTV where relevant.
Reasonable lines of enquiry
Points to check
- Whether the worker was acting in the exercise of their functions.
- Whether the arrest or force used was lawful.
- Any medical explanation, such as a seizure or confusion.
What happens next
The offence is triable either way. Many cases are heard in the magistrates' court.
Immediate steps
- Note any injuries you suffered and photograph them.
- Do not give an account without legal advice.
What should you send us?
Send the charge, court date and any footage or witness details.