Policy paper

Protection of the police: Police, Crime, Sentencing and Courts Act 2022 factsheet

Updated 20 August 2022

What are we going to do?

This Act ensures that the police have access to support, protection and recognition they deserve by: Introducing and enshrining in law a duty to prepare an annual Police Covenant Report with regard to the principle that members or former members of the police workforce should not be disadvantaged as a result of working in policing.

Doubling the maximum penalty for common assault or battery committed against an emergency worker from 12 months to two years’ imprisonment, ensuring that emergency workers have sufficient protection from the law to enable them to carry out their duties and the maximum penalty reflects the severity of the offence. Imposing mandatory life sentences for the unlawful act manslaughter of an emergency worker who is exercising their functions as such a worker, unless there are exceptional circumstances.

Introducing a new test to assess the standard of driving of a police officer, to allow the courts to judge their standard of driving against a competent and careful police constable with the same level of training. Ensuring special constables have access to the same support and representation as regular constables through enabling them to join the Police Federation of England and Wales.

How are we going to do it?

Police Covenant

This Act introduces a duty on the Home Secretary to prepare and lay before Parliament an annual Police Covenant Report. Enshrining the Police Covenant Report in law will ensure accountability and action.

Integral to this will be a strong and robust non statutory governance structure. A Police Covenant Oversight Board has been established, chaired by the Minister for Crime, Policing and Probation and includes key policing representatives. The Board has developed a defined programme of activity and the work of this group will help to inform the Home Secretary’s annual report to Parliament.

The Police Covenant itself takes the form of a declaration and is not set out in the legislation. Initial priority areas for the Covenant, identified through the consultation are: health and wellbeing, physical protection and support for families and each of these key issues will be addressed in the Police Covenant Report. The Covenant is expected to be an evolving concept that will change over time as we identify new and emerging issues and priorities.

Assaults on emergency workers

The Act amends the Assaults on Emergency Workers (Offences) Act 2018 to double the maximum penalty for common assault or battery committed against an emergency worker who is acting in the exercise of their functions. This will increase the maximum penalty from 12 months to two years’ imprisonment.

Required life sentence for the manslaughter of an emergency worker

The Act amends the Sentencing Code to impose mandatory life sentences on those who commit the unlawful act manslaughter of an emergency worker who is exercising their functions as such a worker, unless there are exceptional circumstances which justify not doing so.

This will ensure that those who are convicted of the unlawful act manslaughter of an emergency worker will receive a sentence that reflects the severity of this crime.

Special Constables

The Act amends the Police Act 1996 to allow the Police Federation to represent special constables appointed to police areas in England and Wales, in the same circumstances as it represents members of police forces.

Police driving standards

Provisions in the Act will introduce a new legal test that will compare a police driver to a peer with a similar level of training rather than a standard motorist. Currently a police officer’s driving is judged against that of a standard qualified driver and no account can be taken of a police driver’s skill or training when deciding whether their driving was careless or dangerous.   The Home Office, working closely with the National Police Chiefs’ Council (NPCC) and the College of Policing, will monitor the introduction of standardised police driver training which will support this measure. The work will ensure that police driver training is consistently high across England and Wales so that the assessment of a ‘trained police driver’ as part of the legal test can be fairly applied (separate arrangements, which will align with the minimum police driver training standards in England and Wales, will apply in Scotland). A certification process will be introduced by the NPCC and College of Policing to evaluate police driver training.

Background

Police Covenant

In July 2019 the Government announced plans to introduce a Police Covenant, in recognition of the bravery and commitment of the police. The Home Secretary then announced at the Police Superintendents’ Conference in September 2019 that she would launch a public consultation on the Covenant, focusing on health and wellbeing, physical protection and support for families. In December 2019, the Government manifesto committed to enshrining the Covenant in law.
  The public consultation ran between February and April 2020, and the response, which showed overwhelming support for the Covenant, was published in September 2020.  

Assaults on Emergency Workers

The Assaults on Emergency Workers (Offences) Act 2018 increased, from six to 12 months’ imprisonment, the maximum penalty for common assault or battery committed against an emergency worker who is acting in the exercise of their functions. The 2018 Act covers police constables; National Crime Agency officers; prison and custody officers; fire, rescue and search personnel; and those providing NHS healthcare services who have face to face interaction with patients or other members of the public. The Government was elected with a manifesto commitment to consult on a further doubling of the maximum penalty for assaulting an emergency worker to two years. A targeted consultation was launched on 13 July 2020 directed at representative groups for emergency workers and other key stakeholders. The large majority of those who responded were in favour of doubling the maximum penalty to two years’ imprisonment.

Following consultation, on 15 September 2020, the Government announced that it would bring forward legislation to increase the maximum penalty for assaulting an emergency worker from 12 months to two years’ imprisonment. This will ensure that the law provides emergency workers with sufficient protection to enable them to carry out their duties, and a maximum penalty which reflects the severity of these offences.

Mandatory life sentences for the manslaughter of an emergency worker (Harpers’ Law)

The Government believes that the unlawful act manslaughter of an emergency worker who is exercising their functions as such a worker, should carry a mandatory sentence of life imprisonment, unless there are exceptional circumstances which justify not doing so. This would apply to adult offenders and those aged 16 and 17. The definition of emergency worker will be defined in the same way as section 68 of the Sentencing Code and the Assaults on Emergency Workers (Offences) Act 2018. This definition includes police officers, prison officers, National Crime Agency officers, and those employed in fire services, search and rescue services, and frontline NHS health services, among others.

Currently, a judge can impose a life sentence for the manslaughter of any person, and where the victim is an emergency worker this is a statutory aggravating factor. This measure would make it mandatory that a life sentence be applied in the above circumstances, in order to ensure that the punishment given reflects the severity of the crime. The changes made to the Sentencing Code by this Act includes a judicial discretion to allow the life sentence to be disapplied, and an alternative sentence applied in its place, should there be exceptional circumstances which relate to the offence or the offender which would justify not imposing a life sentence.

Police driving standards

The tests set out in the Road Traffic Act 1988 for the offences of careless and dangerous driving apply to police drivers in the same way as any other driver, taking no account of the various exemptions to road traffic legislation (for example, in relation to speed limits and road signs) that apply to the police or of their additional training. Those offences are committed when a person drives in a way that is below (careless) or far below (dangerous) what would be expected of a competent and careful driver, that is a member of the public.

The police need to be able to do their job effectively and keep the public safe. The Government is aware of the concern among some police officers over the legal position when pursuing suspected offenders.  The Government’s response to the consultation into the “The Law, Guidance and Training Governing Police Pursuits”, published in May 2019, showed widespread support for the measure. Almost three quarters of responses (71%) disagreed with the current approach, that a police officer should be held to the driving standard of a ‘careful and competent’ motorist.

Special Constable representation by the Police Federation of England and Wales

The Police Act 1996 sets out the purpose of the Police Federation of England and Wales as to represent “members of the police forces” in England and Wales. As special constables are not in legislative terms “members” of a police force, they are not eligible to join the Police Federation.

Special constables play a vital role in their community as volunteer police officers. They have the same powers as a regular officer and provide unique skills, experiences and expertise. Increasingly, special constables are fulfilling specialised roles within police forces and as a result they may face similar risks on duty to those of regular officers.

Currently, the special constabulary can access free legal assistance, funded by the Home Office. This legal assistance covers disciplinary and misconduct proceedings, but it does not provide end to end support and advice, for example, in the immediate aftermath of an incident.

The policy intention is to ensure special constables have access to the same support and representation as regular constables through having the option to join the Police Federation.

The Government announced its intention to support the Police Federation offering membership to special constables in July 2019.

Frequently asked questions

Will the Police Covenant be the same as the Armed Forces Covenant? 

The Police Covenant will recognise the specific needs of those working, or who have worked, in policing and their families.  

There are clearly some areas where the demands on military personnel and their families are very different from policing, for example, where families must relocate.

The legislation has been drafted to ensure the Police Covenant Report will reflect the specific, unique needs of the police workforce.

Who will be covered by the Police Covenant?

The scope of the Covenant will include all those working within, or retired from, policing roles, whether paid or as a volunteer. This includes police officers, special constables, police staff and community or police support volunteers.

Will this give police a licence to drive dangerously? 

No. If a police officer were to drive at a speed or in a manner that was inappropriate under the circumstances, they would still be liable to be brought before the courts or disciplinary proceedings. Police officers should take account of guidance found within the College of Policing’s Authorised Professional Practice and reflected in their training on whether a tactic is appropriate, including that pursuits must be proportionate and consider risk factors before deciding to pursue.

What difference will the Covenant make to a police officer’s life?

The Government is absolutely committed to ensuring the Covenant has a meaningful impact on the lives of those working within, or retired from, policing roles.

The Covenant will be based on the principle that people in these roles, or retired from, do not suffer any detriment as a result of working in policing.

In addition, it will aim to ensure that every officer is able to access the same standard of Occupational Health support in every force.

How will the Covenant help families like PC Harper’s?

Recent tragic events such as the deaths of PC Andrew Harper and Sgt Matt Ratana have quite rightly brought support for families under the spotlight. The Government will prioritise this under the Covenant by considering whether there is anything more that can be done at a national level to support bereaved police families.

How will this new test be judged in the courts and how will this be fair?

The new test strikes the right balance between giving trained officers the confidence they need to fight crime effectively while holding to account those who drive in an inappropriate manner.  Police driver experts will be able to give objective advice on the legal test, including the training of police drivers.

Why are you not widening the new test to encompass other emergency services such as ambulance and fire services? 

The training and scrutiny of police driving is very different compared to other emergency services. In addition the role of police drivers is more varied than that of the other emergency services; in addition to emergency response, police are required to carry out surveillance, armed vehicle interventions, escorts, traffic enforcement, and vehicle pursuits, for example where a suspect is fleeing the scene of a serious crime or otherwise seeking to avoid arrest.  

Why are you amending the law to enable special constables to join the Police Federation? Can’t the Federation just extend membership to special constables?

Special constables are not currently eligible to join the Police Federation of England and Wales (PFEW). The Police Act 1996 provides for the PFEW to represent “members of a police force”. This term does not include special constables.  

Why is the Government not funding subscriptions?

The Home Office currently provides free access to an insurance policy for all special constables, to cover the costs of legal advice in the event of disciplinary proceedings.    

What will happen to the Association of Special Constabulary Officers?

The Association of Special Constabulary Officers plays an important role in ensuring the voice of special constables is represented across policing. They are developing their future offer to special constables and are working with the Federation, National Police Chiefs’ Council and others to ensure specials are fully supported.

Who will pay for special constables’ Federation membership?

The Police Federation have expressed, for some time, an interest in representing special constables. We understand they are exploring funding options.

Will the Government continue to provide free insurance once the Federation start offering membership to special constables?  

We want to be sure that special constables continue to feel supported, including those who may choose not to join the Federation. We will work closely with our policing partners to consider how this can be done as the Federation implements their offer to special constables.

What kind of cases will Harper’s Law capture?

The government has listened carefully to Lissie Harper and the Harper campaign while formulating this policy. We want to ensure that the courts have the right sentencing powers to address horrific actions like the killing of PC Harper.

Harper’s Law will mean that people who kill an emergency worker in the course of committing a crime - and are convicted of unlawful act manslaughter - must get a life sentence unless there are exceptional circumstances.

Why is the current law not sufficient?

Manslaughter already carries a maximum penalty of life imprisonment, and the fact that the victim is an emergency worker acting in the exercise of their functions is a statutory aggravating factor meaning that the court should consider a higher penalty in these particular cases.

However, it is now the Government’s view that the unlawful act manslaughter of an emergency worker is serious enough, in itself, to merit the imposition of a mandatory life sentence (unless there are exceptional circumstances that would justify the imposition of an alternative sentence).

What does ‘acting in the exercise of their functions’ actually mean?

Acting in the exercise of their functions allows the law to capture those emergency workers who may not currently be on duty but are performing actions associated with their profession, for example, an off-duty police officer apprehending a dangerous person.

What does ‘exceptional circumstances’ mean?

It is for the Courts to establish what constitutes ‘exceptional’ circumstances in a particular case. Defining ‘exceptional’ in statute would be overly prescriptive and would limit the discretion of the courts to consider the full facts of the case before them.

‘Exceptional Circumstances’ is used in other legislation, including the Sentencing Act 2020 and the Firearms Act 1968, and the courts are familiar with applying this test and will be assisted in making this determination by the body of existing case law.

Why is this being applied to 16 and 17 year olds and not just adults?

We know that, on rare occasions, children commit very serious offences, and the youth justice system should protect the public from harm, ensure justice for victims, and instil public confidence.

We have restricted this new sentencing law to 16 and 17 year olds to ensure that only older children who are convicted of this serious offence are given a mandatory life sentence, unless there are exceptional circumstances that mean this is not justified. The courts will still decide on the most appropriate sentence. There is a precedent for this age distinction - the Criminal Justice and Courts Act 2015 already uses the age of 16 as a threshold to begin applying minimum sentencing for knife crime offences.