Assaulting an emergency worker
Assaulting an emergency worker is common assault or battery against a police officer, prison officer, firefighter, NHS worker or other listed emergency worker while they are carrying out their functions. It is triable either way and carries up to 2 years' imprisonment.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Assault on a police officer, Assault on an emergency worker, Assaulting an NHS worker, Emergency worker assault |
|---|---|
| The law | Assaults on Emergency Workers (Offences) Act 2018, section 1 |
| Where it is tried | either way. The case can be heard in the magistrates' court or the Crown Court, depending on its seriousness and, if magistrates accept jurisdiction, the defendant's choice. |
| Maximum penalty | On indictment: 2 years' imprisonment and/or an unlimited fine (raised from 12 months for offences committed on or after 28 June 2022 by the Police, Crime, Sentencing and Courts Act 2022). In the magistrates' court the maximum for a single either-way offence is 12 months' imprisonment (Sentencing Act 2020, s.224). For more serious offences such as ABH or GBH against an emergency worker, the victim's status is a statutory aggravating factor (Sentencing Act 2020, s.67). |
| Sentencing guideline | Sentencing Council: Common assault / Racially or religiously aggravated common assault / Battery / Common assault on emergency worker |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant committed a common assault or battery (caused the person to expect immediate unlawful force, or applied unlawful force to them).
- The victim was an emergency worker as defined in s.3 of the 2018 Act, such as a police officer, prison officer, firefighter, search and rescue worker, or an NHS worker whose work involves face-to-face contact with the public.
- The victim was acting in the exercise of their functions as an emergency worker, which can include when they are off duty but doing something that would be part of their job.
- The force used or threatened was unlawful and the defendant acted intentionally or recklessly.
Defences and common issues
- Self-defence: a person may use reasonable force to protect themselves against force that is unlawful, which can be relevant where an officer was not acting lawfully.
- The victim was not acting in the exercise of their functions as an emergency worker at the time, in which case ordinary common assault may be charged instead.
- Accident or lack of intent or recklessness, for example flailing during a medical episode or a genuine collision.
- Disputed facts or identification, often tested against body-worn video or CCTV.
Frequently asked questions
Who counts as an emergency worker?
Under the Assaults on Emergency Workers (Offences) Act 2018, s.3, emergency workers include police officers and others employed for police purposes, National Crime Agency officers, prison officers and some custody and escort staff, firefighters, search and rescue workers, and people providing NHS health services (or supporting them) whose work involves face-to-face contact with patients or the public. That covers paramedics, A&E staff, nurses and many hospital workers. It does not matter whether the work is paid or unpaid.
What is the maximum sentence for assaulting a police officer?
Common assault or battery of a police officer or other emergency worker carries a maximum of 2 years' imprisonment and/or an unlimited fine in the Crown Court, for offences committed on or after 28 June 2022. In the magistrates' court the maximum is 12 months. If the assault causes injury and is charged as ABH or GBH, the higher maximum for that offence applies and the court must treat the fact that the victim was an emergency worker as an aggravating factor.
Is spitting at a police officer or paramedic assault?
Yes. Deliberately spitting on someone is a battery, because it is the unlawful application of force to them, so spitting at an emergency worker who is doing their job can be charged under the Assaults on Emergency Workers (Offences) Act 2018. The Sentencing Council's assault guideline treats deliberate spitting or coughing as a factor that increases the offender's culpability. Spitting that does not land may still be an assault if it made the worker expect to be hit.
Can I be charged if I struggled while being arrested?
Possibly. Pulling away or struggling can lead to charges such as resisting or obstructing a constable (Police Act 1996, s.89) and, if force is used against the officer, assault on an emergency worker. Whether it is an offence depends on what you did, whether the officer was acting lawfully and whether any force you used was reasonable self-defence. These are fact-sensitive questions, and a solicitor can advise, including at the police station where legal advice is free.
Is it a crime to threaten or abuse an emergency worker?
It can be. Threatening or abusive words or behaviour towards anyone, including an emergency worker, may be an offence under the Public Order Act 1986, and a threat that makes the worker expect immediate violence can be common assault. The Crime and Policing Act 2026, ss.146 and 147, creates specific new offences of threatening or abusive behaviour towards emergency workers, but at the time of writing those sections are not yet in force.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Assaults on Emergency Workers (Offences) Act 2018, section 1
- Assaults on Emergency Workers (Offences) Act 2018, section 3
- Sentencing Act 2020, section 67
- Crime and Policing Act 2026, section 146 (not yet in force)
- Sentencing Council: Common assault / Racially or religiously aggravated common assault / Battery / Common assault on emergency worker
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