Anti-social Behaviour, Crime andPolicing Bill — Report (2nd Day) — 14 Jan 2014 at 19:31

Amendment 87

Moved by Lord Foulkes of Cumnock

87: After Clause 104, insert the following new Clause-

“Assault on workers in public facing roles

(1) A person, being a member of the public, who assaults a worker-

(a) in the course of that worker’s employment, or

(b) by reason of that worker’s employment, commits an offence.

(2) No offence is committed-

(a) under subsection (1)(a) unless the person who assaults knows or ought to know that the worker is acting in the course of the worker’s employment;

(b) under subsection (1)(b) unless the assault is motivated, in whole or in part, by malice towards the worker by reason of the worker’s employment.

(3) In this section-

“worker” means a person whose employment involves dealing with members of the public, to any extent, but only if that employment involves-

(a) being physically present in the same place and at the same time as one or more members of the public; and

(b) interacting with those members of the public for the purposes of the employment; or providing a service to either particular members of the public or the public generally,

“employment” in this context means any paid or unpaid work whether under a contract, apprenticeship, or otherwise.

(4) Evidence from a single source is sufficient evidence to establish for the purpose of subsection (1) whether a person is a worker.

(5) A person guilty of an offence under this Act is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding level 5 on the standard scale.”

Debate in Parliament | Source |