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Assault on an emergency worker Sentencing Guidelin...

Assault on an emergency worker Sentencing Guideline Survey Questions

Please select the magistrates' court you are accessing this from:*
Please note you can select 'Other' or 'Prefer not to say'.
Please write the name of your court here*
Please tell us whether you are magistrate, district judge, or deputy district judge:*
- Magistrate
- District judge
- Deputy district judge
Date of commission of offence:*
Use date picker or input, for example, 04/07/2020
Date of sentencing:*
Use date picker or input, for example, 04/07/2020

Part 1 of 14
Gender of offender:*
- Male
- Female
- Non-binary/Other
Approximate age band of offender:*
- Under 18
- 18-25
- 26 and over
If the offender is Under 18 please do not complete and close the survey by clicking or touching the cross at the top of your browser window.

Part 2 of 14
Please select which type of emergency worker the victim was:*
- Police Officer
- National Crime Agency officer
- Prison Officer or similar
- Prisoner custody officer/Custody officer
- Fire and/or rescue service worker
- Search and/or rescue service worker
- NHS medical staff
- NHS support staff
- Other
Please specify:*

Part 3 of 14
Please select the factor(s) you considered relevant when assessing the harm:
Tick all that apply
- Injury or fear of injury which is serious in the context of the offence
- Victim is particularly vulnerable because of personal circumstances
- Sustained or repeated assault on the same victim
- Injury which is less serious in the context of the offence
- Other
Please specify:
What was the nature of the harm?
Tick all that apply
- Black eye
- Bite marks
- Bruising
- Burns
- Cuts or lacerations
- Hair pulling
- Loss of consciousness
- Psychological distress
- Pulled muscle
- Strangulation
- Spitting
- Swelling
- Other
Please specify

Part 4 of 14
Please select the factor(s) you considered relevant when assessing the culpability:
- Offence racially or religiously aggravated
- Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation)
- Offence motivated by, or demonstrating, hostility to the victim based on the victim’s disability (or presumed disability)
- A significant degree of premeditation
- Prolonged assault
- Use of substantial force
- Threatened or actual use of weapon or weapon equivalent
- Strangulation
- Intention to commit more serious harm than actually resulted from the offence
- Deliberately causes more harm than is necessary for commission of offence
- Deliberate targeting of vulnerable victim
- Leading role in group or gang
- Offence motivated by, or demonstrating, hostility based on the victim’s age, sex, gender identity (or presumed gender identity)
- Lesser role in group or gang
- A greater degree of provocation than normally expected
- Lack of premeditation
- Mental disorder, developmental disorder or neurological impairment, where linked to commission of the offence
- Excessive self defence
- Other
Please specify
Please specify mental disorders/developmental disorders/neurological impairments
Tick all that apply
- Delirium
- Schizophrenia
- Delusional disorder
- Other psychotic illness
- Schizoaffective (bipolar) disorder
- Depression
- Anxiety
- Post-traumatic stress disorder
- Obsessive compulsive disorder
- Learning disability
- Autism and autistic spectrum disorder
- Attention deficit hyperactivity disorder
- Substance misuse disorder
- Conduct disorder
- Personality disorder
- Dementia
- Acquired brain injury
- Other
Please specify

Part 5 of 14
Was a weapon or weapon equivalent used?*
- Yes
- No
Please specify the weapon(s):
- Acid
- Bladed instrument
- Blunted instrument
- Firearm
- Headbutting
- Sharp instrument
- Shod foot
- Use of animal
- Other
Please specify:

Part 6 of 14
Please select your sentence starting point:*
- Discharge
- Fine
- Community order
- Custody (immediate or suspended)
- Other
Please state type of discharge:*
- Conditional
- Absolute
Please state fine band:*
- A
- B
- C
- D
- E
- F
Please state community order:*
- High level
- Medium level
- Low level
Was custody suspended?*
- Yes
- No
Please specify custody length in days/weeks/months/years:*
Number of days*
Please enter a value between 1 and 100.
Number of weeks*
Please enter a value between 1 and 100.
Number of months*
Please enter a value between 1 and 100.
Number of years*
Please enter a value between 1 and 100.
Please specify:

Part 7 of 14
Were there any aggravating factors?*
- Yes
- No
Please select all the aggravating factors that applied:
Tick all that apply
- Previous convictions
- Offence committed whilst on bail
- Location of the offence
- Timing of the offence
- Ongoing effect upon the victim
- Gratuitous degradation of victim
- Failure to comply with current court orders
- Offence committed on licence or post sentence supervision
- An attempt to conceal or dispose of evidence
- Failure to respond to warnings or concerns expressed by others about the offender’s behaviour
- Commission of offence whilst under the influence of alcohol or drugs
- Established evidence of community impact
- Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution
- Offences taken into consideration (TICs)
- Spitting or coughing
- Offence committed in prison
- Other
How many previous convictions have you taken into account?
Please specify:

Part 8 of 14
Were there any mitigating factors?*
- Yes
- No
Please select all the mitigating factors that applied:
Tick all that apply
- No previous convictions or no relevant/recent convictions
- Single blow
- Remorse
- Good character and/or exemplary conduct
- Determination and/or demonstration of steps taken to address addiction or offending behaviour
- Serious medical conditions requiring urgent, intensive or long-term treatment
- Isolated incident
- Age and/or lack of maturity where it affects the responsibility of the offender
- Lapse of time since the offence where this is not the fault of the offender
- Mental disorder, developmental disorder or neurological impairment, where not linked to the commission of the offence
- Sole or primary carer for dependent relatives
- Other
Please specify
Please specify mental disorders/developmental disorders/neurological impairments
- Delirium
- Schizophrenia
- Delusional disorder
- Other psychotic illness
- Schizoaffective (bipolar) disorder
- Depression
- Anxiety
- Post-traumatic stress disorder
- Obsessive compulsive disorder
- Learning disability
- Autism and autistic spectrum disorder
- Attention deficit hyperactivity disorder
- Substance misuse disorder
- Conduct disorder
- Personality disorder
- Dementia
- Acquired brain injury
- Other
Please specify

Part 9 of 14
Was a guilty plea entered for this offence?*
- Yes
- No
When was the guilty plea entered?
- First hearing
- Subsequent hearing before trial
- On first day of trial
- Not known
What reduction did you make for guilty plea?
- Fewer requirements on a community order
- Percentage reduction in sentence length (e.g. length of custody, fine, number of hours of unpaid work)
- Dropped down a threshold (e.g. from custody to CO, or CO to fine)
- None
- Not applicable, committing to the Crown Court for sentence
Please state percentage reduction:
Please enter a value between 1 and 99.

Part 10 of 14
Final sentence outcome*
Please select the relevant box to reflect the final sentence, after taking into account aggravating and mitigating factors and guilty plea, if applicable. Please tell us only about the main element of the sentence:
- Discharge
- Fine
- Community order
- Custody (immediate or suspended)
- Compensation order (when given as a standalone sentence)
- Committal to the Crown Court for sentence
- Other sentence (e.g. hospital order)
Please state type of discharge:*
- Conditional
- Absolute
Please state fine band:*
- A
- B
- C
- D
- E
- F
Please state community order:*
- High level
- Medium level
- Low level
Was custody suspended?*
- Yes
- No
Please specify custody length in days/weeks/months/years:*
Number of days*
Please enter a value between 1 and 100.
Number of weeks*
Please enter a value between 1 and 100.
Number of months*
Number of years*
Please enter a value between 1 and 100.
Please state other sentence:
Please do not include information on ancillary orders.

Part 11 of 14
Did you use any guidelines in sentencing this offence?
- Common Assault
- Assault on a police constable
- Other
- None
Please specify:

Part 12 of 14
Taking all things into consideration, what would you say was the single most important factor affecting your sentence?

Part 13 of 14
Are there any aspects of the Covid-19 situation that may have affected the sentencing of this case?*
- Yes
- No
How did it affect it?
Please specify:

Part 14 of 14
Is there anything else you would like to tell us about how you sentenced this offence?

© Sentencing Council: 2021

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