Assault on a police constable in execution of his duty

s.89 Police Act 1996 · Magistrates

Sentencing framework

The guideline for assaulting a police constable establishes a structured approach to sentencing based on the offender's culpability and the level of harm caused. Sentences may range from fines to a maximum of 26 weeks' custody, depending on the severity of the case and any aggravating or mitigating factors present.

Maximum sentence

26 weeks’ custody

Court

Magistrates

Starting point

12 weeks’ custody

Offence range

Fine – 26 weeks’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence motivated by, or demonstrating hostility based on any of the following characteristics: religion, race, disability, sexual orientation or transgender identity
·Deliberate spitting or coughing
·Biting
·Presence of children
·Police officer particularly vulnerable due to physical characteristics
·Gratuitous degradation of victim
·Commission of offence whilst under the influence of alcohol/drugs
·Offence committed in prison
·Offence committed whilst on licence or subject to post sentence supervision
·Failure to comply with current court orders

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Age and/or lack of maturity
·Mental disorder or learning disability, where not linked to the commission of the offence
·Sole or primary carer for dependent relative(s)
·Determination and/or demonstration of steps taken to address addiction or offending behaviour
·Serious medical conditions requiring urgent, intensive or long-term treatment
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determining the offence category
Step 2 — Starting point and category range
Step 3 — Consider any other factors which indicate a reduction, such as assistance to the prosecution
Step 4 — Reduction for guilty pleas
Step 5 — Totality principle
Step 6 — Compensation and ancillary orders
Step 7 — Reasons
Step 8 — Consideration for time spent on bail (tagged curfew)

Guideline notes

Draft guidelines should not be taken into account when sentencing.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.