UK Parliament / Open data

Assaults on Emergency Workers (Offences) Bill

It is such a pleasure to follow the hon. Member for Halifax (Holly Lynch). She is a truly passionate defender of the interests of police officers, and she does that with great skill. I pay tribute to her and to the hon. Member for Rhondda (Chris Bryant) and my hon. Friend the Member for Shipley (Philip Davies).

I have a few observations, building on the points made by my hon. Friend the Member for Shipley. In his powerful submission he said that it is important that police officers—I know there are some in the Public Gallery—receive justice, and that that justice is not “a sick joke”. However, we must also ensure that we do not inadvertently replace one sick joke with another.

In my experience as a prosecutor, the biggest injustice for police officers was along the following lines. A police officer attends the scene of a serious robbery, for example, and he or she makes an arrest. During the course of that arrest, the defendant spits at the police officer, in an extremely upsetting and unpleasant incident. The defendant is taken to the police station, where he is subsequently charged with robbery and with assaulting a police constable in the execution of his duty. The case then comes to court, and the defendant says to the prosecutor, through his solicitor, “Alright. I will plead

guilty to the robbery”—that is technically a more serious offence and punishable with life imprisonment—“but do me a favour and drop the offence of assaulting a PC.” A lazy prosecutor—this point was raised by my hon. Friend the Member for Shipley—might say, “Oh for goodness sake. Let us carve this up. He is going to get a custodial sentence of two to three years for this unpleasant robbery. Is it really worth proceeding with the charge of assaulting a PC?”

What should happen in those circumstances? A conscientious and decent prosecutor would speak to the officer and say, “This is what is being proposed. What are your thoughts about it?” If in those circumstances the officer says, “I want justice to be done. I want this individual to have on their record not just that they are a robber, but that they have assaulted a police officer”, it would be wrong for the prosecution not to proceed with that charge and for justice not to be done. A prosecutor should already take into account the feelings of the victims, and I suggest that it would be in breach of their duty as a prosecutor not to proceed in such circumstances, and it would be a failed assessment of the public interest. In my experience, where those decisions have gone wrong and a case has been dropped, police officers rightly feel that their interests have not been taken into account.

About this proceeding contribution

Reference

639 cc1167-8 

Session

2017-19

Chamber / Committee

House of Commons chamber
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