Amendment agreed for Police, Crime, Sentencing and Courts Bill

17th December 2021

We are delighted that an amendment to a new Government Bill has been agreed which will hopefully give courts stronger sentencing powers when dealing with attacks on retail workers.

We have been campaigning and lobbying for this for some time – an amendment to the Police, Crime, Sentencing and Courts Bill to help protect our colleagues in our retail stores.

Just when we thought all the doors had been closed, plans were revealed of this new amendment.

It still has a few processes to go through before the Bill is accepted as law but this is a hugely positive step and it will hopefully become a reality in the not too distant future.

Our colleagues continue to play an essential role in supporting communities across the country during the pandemic. No one should have to face abuse, threats and attacks at work.

Thank you to everyone who joined us in lobbying their MPs. The power of co-operation has paid off – not just amongst co-operatives but also those in the sector coming together to lend their voice to this campaign.

Mark Smith
Chief Executive of Southern Co-op

Member’s explanatory statement
This amendment would add three new aggravating factors to the consolidated sentencing code, where the person attacked is (i) providing a public service, (ii) performing a public duty, or (iii) providing services, goods or facilities to the public or a section of the public.

Amendment text
After Clause 132
Insert the following new Clause—
“CHAPTER 3
ASSAULTS ON THOSE PROVIDING A PUBLIC SERVICE ETC
Assaults on those providing a public service etc
In the Sentencing Act 2020, after section 68 insert—
“68A Assaults 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 (Assaults on those providing a public service etc) of the Police, Crime, Sentencing and Courts Act 2021 comes into force.”

https://bills.parliament.uk/bills/2839/stages/15878/amendments/89844