section 39, Criminal Justice Act 1988 and section 1, Assaults on Emerg

Assault by beating 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

Assault by beating of an emergency worker — topic/offence reference under Contrary to section 39 of the Criminal Justice Act 1988 and section 1 of the Assaults on Emergency Workers (Offences) Act 2018..

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

Points to prove

  • 1. The defendant applied unlawful force to another person (battery at common law)
  • 2. The application of force was intentional or reckless
  • 3. The person beaten was an emergency worker (as defined by s 3 of the Assaults on Emergency Workers (Offences) Act 2018)
  • 4. At the time, the emergency worker was acting in the exercise of functions as such a worker — including where off duty but carrying out functions which, if done in work time, would have been in the exercise of those functions (s 1(1), (3) AEWA 2018)

Defences

  • General defence — self-defence or defence of another (common law; s 76 Criminal Justice and Immigration Act 2008).
  • General defence — use of reasonable force in the prevention of crime or in effecting a lawful arrest (s 3 Criminal Law Act 1967).
  • The force must be unlawful — consent or the ordinary incidents of everyday contact negate the offence.

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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