320AMaximum term of imprisonment for common assault in certain circumstances

320A Maximum term of imprisonment for common assault in certain circumstances

(1) Despite section 320, the maximum term of imprisonment for common assault is level 5 imprisonment (10 years maximum) if—

(a) at the time of the assault, the person who commits the assault (the offender) has an offensive weapon readily available; and

(b) the person assaulted (the victim) is a police officer on duty or a protective services officer on duty; and

(c) the offender knows or is reckless as to whether the victim is a police officer or a protective services officer; and

(d) the offender—

(i) enables the victim to see the offensive weapon or the general shape of the offensive weapon; or

(ii) tells or suggests to the victim that the offender has an offensive weapon or a firearm readily available; and

(e) the offender—

(i) knows that engaging in conduct referred to in subsection (1)(d) would be likely to arouse apprehension or fear; or

(ii) in all the particular circumstances, the person ought to have known that engaging in conduct referred to in subsection (1)(d) would be likely to arouse that apprehension or fear.

1 A common assault referred to in this subsection if committed in certain circumstances is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that section exist.

2 Section 16(3E) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for a common assault at common law if committed in certain circumstances must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.

(2) Despite section 320, the maximum term of imprisonment for common assault is level 4 imprisonment (15 years maximum) if—

(a) at the time of the assault, the person who commits the assault (the offender) has a firearm or an imitation firearm readily available; and

(b) the person assaulted (the victim) is a police officer on duty or a protective services officer on duty; and

(c) the offender knows or is reckless as to whether the victim is a police officer or a protective services officer; and

(d) the offender—

(i) enables the victim to see the firearm or the imitation firearm or the general shape of the firearm or the imitation firearm; or