Offence committed against an emergency worker
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Maximum sentence for the aggravated offence on indictment is 1 year’s custody (maximum when tried summarily is 6 months’ custody)
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| Having determined the category of the basic offence to identify the sentence of a non-aggravated offence, the court should now apply an appropriate uplift to the sentence in accordance with the guidance below. The sentence uplift may considerably exceed the basic offence category range. |
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Harm Category 1
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A1
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Increase the length of custodial sentence if already considered for the basic offence or consider a custodial sentence, if not already considered for the basic offence.
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Harm Category 2
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A2/B1
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Consider a significantly more onerous penalty of the same type or consider a more severe type of sentence than for the basic offence.
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Harm Category 3
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A3/B2/B3
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Consider a more onerous penalty of the same type identified for the basic offence.
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Magistrates may find that, although the appropriate sentence for the basic offence would be within their powers, the appropriate increase for the aggravated offence would result in a sentence in excess of their powers. If so, they must commit for sentence to the Crown Court.