68AAssaults on those providing a public service etc

1

This section applies where—

a

a court is considering the seriousness of an offence listed in subsection (3), and

b

the offence is not aggravated under section 67(2).

2

If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court—

a

must treat that fact as an aggravating factor, and

b

must state in open court that the offence is so aggravated.

3

The offences referred to in subsection (1) are—

a

an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies;

b

an offence under any of the following provisions of the Offences against the Person Act 1861—

i

section 16 (threats to kill);

ii

section 18 (wounding with intent to cause grievous bodily harm);

iii

section 20 (malicious wounding);

iv

section 47 (assault occasioning actual bodily harm);

c

an inchoate offence in relation to any of the preceding offences.

4

In this section—

a

a reference to providing services to the public includes a reference to providing goods or facilities to the public;

b

a reference to the public includes a reference to a section of the public.

5

Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3).

6

This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.