New Clause 3 - Offences against ‘public servants’
Violent Crime Reduction Bill
8:30 pm
Eric Forth (Bromley and Chislehurst, Conservative)
With this it will be convenient to discuss the following:
New clause 4—Definition of ‘Public Servant’—
‘A person is a public servant if—
(a)he is an employee of a public authority acting in the course of his employment;
(b)he is engaged in the provision of care on behalf of the National Health Service and acting in the course of his employment;
(c)he is engaged in the provision of education in maintained schools or further or higher education and acting in the course of his employment;
(d)he is employed by central or local government, including fire services, and is acting in the course of his employment;
(e)he is engaged in the provision of social housing and is acting in the course of his employment;
(f)he is engaged in the provision of public transport, including railways, buses and taxis, and is acting in the course of his employment.’.
New clause 5—Offences against public servants: malicious wounding etc.—
‘(1)A person is guilty of an offence under this section if he commits—
(a)an offence under section 20 of the Offences Against the Person Act 1861 (24 and 25 Vict c. 100) (malicious wounding or grievous bodily harm),
(b)an offence against section 47 of that Act (actual bodily harm), or
(c)common assault,
which is aggravated by reason of being committed against a public servant.
(2)A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding the statutory maximum, or to a fine, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.
(3)A person guilty of an offence falling with subsection (1)(c) above shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.’.
‘(1)A person is guilty of an offence under this section if he commits—
(a)an offence under section 4 of the Public Order Act 1986 (c. 64) (fear or provocation of violence);
(b)an offence under section 4A of that Act (intentional harassment, alarm or distress); or
(c)an offence against section 5 of that Act (harassment, alarm or distress),
which is aggravated by reason of being committed against a public servant.
(2)A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsections (1)(a) or (b) above.
(3)A constable may arrest a person without warrant if—
(a)he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above;
(b)he is warned by the constable to stop; and
(c)he engages in further such conduct immediately, or shortly after the warning.
The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.
(4)A person guilty of an offence falling within subsections (1)(a) or (b) above shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(5)A person guilty of an offence falling within subsection (1)(c) above shall be liable to a fine not exceeding level 4 on the standard scale.
(6)If, on the trial on indictment of a person charged with an offence falling within subsections (1)(a) or (b) above the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.’.