Offences Against Emergency Workers

The Assaults on Emergency Workers (Offences) Act 2018 sets out that it is an offence for any person to commit an assault or battery against an emergency worker while they are in the execution of their duty

Points to Prove

• An Assault or batter was committed;

• The victim was a defined emergency worker

• The victim was in the execution of their duty

Section 89(2 of the Police Act 1996 states: 

"Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence"

Points to Prove

• The Suspect made a deliberate act or omission

• This act of omission obstructed an officer acting in the execution of their duty

• The suspect intended the act or omission to obstruct the constable

Section 90 of the Police Act 1996 sets out the offence of impersonating a police officer stating: 

"(1)Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(2)Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(4)In this section—

(a)“article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document,"

Points to Prove - Section 90(1) and 90(2)

• Suspect is not a member of the LSPS

• Suspect either:

  • Make a statement

  • Does any act;

  • Wears police uniform or clothing resembling police uniform;

• Suspect intends to deceive others into thinking they are a constable 

Points to Prove - Section 90(3)

• Suspect is not a member of the LSPS

• Suspect has in their possession police uniform which for this purpose includes warrant cards

• Suspect can provide no lawful reasons for being in possession of the uniform