Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): In moving the amendment in my name, I want also to address the related amendments tabled by the noble Lord, Lord Coaker, and my noble friend Lady Neville-Rolfe In truth, I do not believe that there is any great difference between noble Lords’ position and the Government’s. We all agree that it is entirely unacceptable that workers in public-facing roles should face verbal abuse and worse. That is why we have brought forward Amendment 84, to make it clear that such abuse will not be tolerated and to put in statute that the public-facing nature of the victim’s role will be an aggravating factor when it comes to sentencing I am grateful for the welcome the noble Lord, Lord Coaker, has given to the Government’s amendment. I know, too, that it has been welcomed by many of those who have campaigned on this important issue. I think they, rightly, regard this as a very welcome and significant step forward. In the debate in Committee, I gave your Lordships a firm commitment that the Government were in the process of considering, as a matter of urgency, how best to balance the many issues raised on this topic. Amendment 84 is the result of that consideration, and I would like to explain its purpose The amendment places in statute the aggravating factor applied by the courts in cases of assault where an offence is committed against those providing a public service, performing a public duty or providing a service to the public. The aggravating factor is set out in the Sentencing Council’s sentencing guidelines. The provision applies to offences listed in the sentencing guidelines, which are also specified under Section 67(3) of the Sentencing Act 2020, with the addition of common assault and battery. This provides consistency with the statutory aggravating factor applied to assaults against emergency workers, as set out under Section 67 of the Sentencing Act 2020. This includes assault occasioning actual bodily harm, wounding with intent to cause grievous bodily harm, malicious wounding and threats to kill, as well as an inchoate offence in relation to any of these offences. These are the assault offences most likely to be experienced by front-line workers. Importantly, the provision also allows the court to apply the aggravating factor to any other offence, where the court considers this factor relevant If the offence was committed against a person providing a public service or performing a public duty, the court will have a statutory duty to treat that fact as an aggravating factor, and must state in open court that the offence is so aggravated. This amendment will reinforce in statute the seriousness with which the courts should treat these offences. It will send a very strong signal to the public that assaults of this kind are totally unacceptable. The Government want to ensure that all those who serve the public can feel protected from abuse when working This legislative change recognises the very strong public and parliamentary feeling about assaults against public-facing workers. I understand the argument that retail workers are asked to enforce the statutory age restrictions and that many see this as a reason for increased protection. We have also heard concerns from the retail sector about the risk of increased abuse fuelled by the mandatory requirement to wear face masks in shops. However, I consider it is important to give the same protection to all workers who face a similar risk of assault. For retail workers, it builds on the important work already under way by the National Retail Crime Steering Group to ensure that assaults are not seen as part of a retail worker’s job. The steering group brings together the Government, retailers, unions and trade associations, the Association of Police and Crime Commissioners and the police-led National Business Crime Centre.