Section 68A: Assaults on those providing a public service etc

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 4: Exercise of court's discretion — CHAPTER 3: Seriousness and determining sentence

This section applies where—

a court is considering the seriousness of an offence listed in subsection (3), and
the offence is not aggravated under section 67(2).

If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court—

must treat that fact as an aggravating factor, and
must state in open court that the offence is so aggravated.

The offences referred to in subsection (1) are—

an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies;
an offence under any of the following provisions of the Offences against the Person Act 1861—
section 16 (threats to kill);
section 18 (wounding with intent to cause grievous bodily harm);
section 20 (malicious wounding);
section 47 (assault occasioning actual bodily harm);
an inchoate offence in relation to any of the preceding offences.

In this section—

a reference to providing services to the public includes a reference to providing goods or facilities to the public;
a reference to the public includes a reference to a section of the public.

Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3).

This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.