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Assault on a police constable in execution of his duty

s. 89 Police Act 1996 · Magistrates

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Sentencing framework

This guideline outlines that the offence of assaulting a police constable is triable only summarily, with a maximum sentence of 6 months' custody. Until a definitive guideline is developed, sentencers should use factors from the common assault guideline to assess seriousness and starting points.

Maximum sentence

6 months' custody

Court

Magistrates

Aggravating factors

  • ·Victim's status as a police constable

The sentencing process, step by step

  1. Step 1 — Assess seriousness based on Common Assault guideline factors.
  2. Step 2 — Treat the status of the victim (police constable) as an aggravating factor.

Guideline notes

  • This is interim guidance. The definitive guideline is still in development.

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.