section 39, Criminal Justice Act 1988, section 1, Assault on Emergency

Aid / abet / counsel / procure common assault of an emergency worker

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

Aid / abet / counsel / procure common assault of an emergency worker — topic/offence reference under Contrary to section 39 of the Criminal Justice Act 1988, section 1 of the Assault on Emergency Workers (Offences) Act 2018 and section 44 of the Magistrates' Courts Act 1980..

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. Another person (the principal) committed common assault or battery against an emergency worker acting in the exercise of functions as such a worker (s 39 CJA 1988; s 1 AEWA 2018)
  • 2. The defendant aided, abetted, counselled or procured the commission of that offence by assisting or encouraging it
  • 3. The defendant intended to assist or encourage the principal's offence
  • 4. The defendant knew the essential matters constituting the offence (including the circumstances making the victim an emergency worker acting as such, or was at least aware of the facts giving the conduct that character)

Defences

  • Common-law defence — effective withdrawal: unequivocal communication of withdrawal (and, where assistance has been given, reasonable steps to neutralise it) before the offence is committed.

Mode of trial & maximum penalty

Either way — Summary: 12 months' imprisonment and/or a fine; Indictment: 2 years' imprisonment and/or a fine

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

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