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

Attempt 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

Attempt common assault 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 and section 1(1) of the Criminal Attempts Act 1981..

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

Points to prove

  • 1. The defendant intended to commit common assault or battery against another person
  • 2. That person was an emergency worker acting in the exercise of functions as such a worker (s 1 AEWA 2018), or the defendant believed the facts to be such (impossibility is no bar — s 1(2), (3) CAA 1981)
  • 3. The defendant did an act which was more than merely preparatory to the commission of that offence (s 1(1) CAA 1981)

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).

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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