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Assaulting an emergency worker, spitting, and non-fatal strangulation
Common assault or battery on an emergency worker acting as such (Assaults on Emergency Workers (Offences) Act 2018 s.1) is triable either way with a maximum of 2 years. Intentional strangulation or suffocation (Serious Crime Act 2015 s.75A) is triable either way with a maximum of 5 years, or 7 years if racially or religiously aggravated.
Assault on an emergency worker
- Common assault or battery on an emergency worker acting in the exercise of functions as such, including off duty doing the job (Assaults on Emergency Workers (Offences) Act 2018 s.1). The worker need not be acting lawfully, though self-defence is still available (Campbell v CPS [2020] EWHC 3868 (Admin)).
- Emergency workers (s.3): police and police staff, NCA officers, prison and custody staff, fire and rescue, search and rescue, and NHS staff with face to face contact with patients or the public, paid or unpaid.
- Either way; maximum 2 years for offences from 28 June 2022 (12 months before).
- Spitting can be a battery: any intentional or reckless unlawful force, no injury needed. Under the guideline deliberate spitting or coughing aggravates, and intending fear of serious harm, including disease, is high culpability.
- For offences listed in Sentencing Act 2020 s.67, including actual bodily harm, wounding, threats to kill, strangulation, sexual assault, kidnapping and manslaughter, the court must treat an emergency worker victim as aggravating.
Strangulation and suffocation
- Since 7 June 2022 it is an offence to intentionally strangle someone, or do any other act affecting their breathing that amounts to battery (Serious Crime Act 2015 s.75A). No injury is needed.
- Consent is a defence, but not where serious harm (actual bodily harm or worse) results and was intended or risked recklessly. The defendant need only raise evidence of it.
- Either way, maximum 5 years; 7 years if racially or religiously aggravated (Crime and Disorder Act 1998 s.29).
Sentencing
- Emergency worker assault: the court sentences the basic assault under the guideline (from 1 July 2021), then uplifts it, possibly beyond the basic range.
- Strangulation: before the guideline, the Court of Appeal said custody was appropriate save in exceptional circumstances, starting at 18 months (R v Cook [2023] EWCA Crim 452). The guideline from 1 January 2025 now gives a range from a high level community order to 4 years 6 months. Sustained strangulation or a ligature is high culpability; a fleeting act immediately stopped is lower. Domestic abuse is aggravating.
- For adults convicted from 22 March 2026, a term of 12 months or less must be suspended unless an exception applies, such as significant risk of harm or breach of a court order (Sentencing Act 2026 s.1).
Changes not yet in force
The Crime and Policing Act 2026 creates offences of hostile threatening, abusive or insulting behaviour towards emergency workers (s.146, maximum 2 years) and of behaviour likely to cause them harassment, alarm or distress (s.147, fine only). Neither was in force at 5 November 2026.
In practice
Body-worn footage is often key evidence. Early advice matters, especially before interview.
Read the full guide on theodorous.uk
Authorities: Assaults on Emergency Workers (Offences) Act 2018 ss.1, 3; Police, Crime, Sentencing and Courts Act 2022 s.2; Sentencing Act 2020 s.67; Serious Crime Act 2015 s.75A (inserted by Domestic Abuse Act 2021 s.70, in force 7 June 2022); Crime and Disorder Act 1998 s.29(1)(ba); Campbell v CPS [2020] EWHC 3868 (Admin); R v Cook [2023] EWCA Crim 452; Crime and Policing Act 2026 ss.146, 147, 255 (not yet in force); Sentencing Act 2026 s.1 (in force 22 March 2026); CPS, Assaults on Emergency Workers (Offences) Act 2018 guidance; Sentencing Council, Common assault / assault on emergency worker guideline (1 July 2021) and Strangulation or suffocation guideline (1 January 2025)