Assaulting a Police Officer: Section 89 Police Act 1996, Sentence and Defences

If you have been arrested or charged with assault on a police officer, the law treats this far more seriously than an assault on a member of the public.  If you have been arrested or charged with assaulting a police officer, the court will take the allegation seriously.

The specific offence of assaulting a police constable in the execution of their duty is charged under section 89 of the Police Act 1996. It is a summary-only offence, meaning it is dealt with in the Magistrates’ Court, and the maximum sentence is 6 months’ custody. This guide covers what you can be charged with, how the court decides the sentence, the defences that work, and what to do next.

This is general information, not legal advice. If you are facing a charge, speak to a criminal defence solicitor today.

Assaulting a Police Officer and Related Emergency Worker Charges Key points:

Assaulting a police constable in the execution of their duty is an offence under section 89 of the Police Act 1996. This is a summary-only offence, meaning it is dealt with in the Magistrates’ Court, and the maximum sentence is 6 months’ custody.

This is different from the separate offence of assault on an emergency worker under the Assaults on Emergency Workers (Offences) Act 2018. A police officer is also an emergency worker, so in more serious cases, the prosecution may consider charging assault on an emergency worker instead. That offence is either-way and carries a higher maximum sentence of 2 years’ custody for offences committed on or after 28 June 2022.

The choice of charge will depend on the seriousness of the allegation, the level of injury, the evidence, and whether the prosecution says the case requires sentencing powers above 6 months. Lower-level allegations may be charged under section 89 Police Act 1996, while more serious allegations may be charged as assault on an emergency worker, ABH, GBH or another violent offence.

You can be convicted of assaulting a police officer even if no physical injury is caused. An early guilty plea may reduce the sentence by up to one third.

What counts as assaulting a police officer

Under section 89 of the Police Act 1996, it is an offence to assault a constable acting in the execution of their duty, or a person assisting a constable in the execution of their duty.

The assault can be common assault or battery. Common assault means causing someone to apprehend immediate unlawful force. Battery means the unlawful application of force, however minor. No physical injury is required.

The correct charge depends on the seriousness of the allegation, the injury caused, the evidence and the likely sentencing powers required.

Common assault and battery on a constable

Common assault is causing the officer to fear unlawful force; battery is the actual application of unlawful force, however minor. No injury is required. With the Section 1 uplift under the 2018 Act, the offence is triable either way.

How is assault on a police officer different from assault on an emergency worker?

Assaulting a police constable under section 89 Police Act 1996 is summary only and carries a maximum of 6 months’ custody.

Assault on an emergency worker under section 1 of the Assaults on Emergency Workers Act 2018 is a separate either-way offence. It can be dealt with in the Magistrates’ Court or Crown Court and carries a higher maximum sentence.

A police officer is also an emergency worker, so the prosecution may consider the 2018 Act offence in more serious cases.

Injury-based charges (ABH and GBH)

Where the assault causes more-than-transient injury (bruising, cuts, broken teeth, a sprain), the charge is ABH under Section 47 of the Offences Against the Person Act 1861. For really serious injury (broken bone, deep wound, lasting disfigurement), the charge is Section 20 GBH or Section 18 GBH with intent.

The officer's status in these cases is a statutory aggravating factor at sentencing, which will lead to an uplift in the sentence handed out. Affray, violent disorder, or threatening behaviour are often added where a group, weapons, or threats were involved; see our guide on “What is affray in the UK?”

Do you have to know they were a police officer?

No. The prosecution only has to prove the officer was acting in their capacity at the time, not that you knew. Genuine ignorance can still be relevant at sentencing as a culpability factor, particularly where the officer was in plain clothes and did not identify themselves.

Does it apply to PCSOs, special constables, and other officers?

Yes. The Act covers anyone with the powers of a constable, anyone employed for police purposes, and anyone otherwise engaged for police purposes, including PCSOs (Police Community Support Officers), special constables, designated detention officers, and police staff exercising police powers.

It also covers paramedics, NHS staff providing emergency treatment, prison officers, and fire and rescue workers; those charges are covered separately in our guide on assault on an emergency worker.

What is the maximum sentence for assaulting a police officer in the UK?

For common assault or battery on a police officer under Section 1 of the Assaults on Emergency Workers (Offences) Act 2018, the maximum is two years' custody for offences committed on or after 28 June 2022.

Actual bodily harm (ABH) carries five years; section 20 GBH, five years; section 18 GBH with intent, life imprisonment. Where the offence is also racially or religiously aggravated under section 29 of the Crime and Disorder Act 1998, the court must apply a further uplift.

Sentencing guidelines: how the court decides

The Sentencing Council has issued interim guidance for this offence. The culpability and harm categories below are taken from the draft guideline published for consultation.

Culpability (A, B)

• A (high): factors include intent to cause serious harm, weapon use, prolonged assault, strangulation or leading role in group activity.
• B (lesser): includes lower-level group roles, mental health factors, or mistaken belief in self-defence.

Harm (Category 1, 2, 3)

• Category 1 (high): more than minor physical or psychological harm/distress
• Category 2 (medium): minor physical or psychological harm/distress
• Category 3 (lesser): no/very low level of physical harm and/or distress

Aggravating and mitigating factors

Aggravating factors include previous convictions, ongoing effect on the victim, alcohol or drug use, spitting in a public-health context, and offending while on bail or licence.

Mitigating factors include no relevant convictions, genuine remorse, good character, significant provocation, age or immaturity, mental disorder not linked to the offence, sole-carer status, serious medical conditions, and concrete steps to address addiction or anger.

Sentencing for assaulting a police officer while drunk

Being drunk is not a defence to assault. Voluntary intoxication is usually an aggravating factor: the Sentencing Council lists "offence committed under the influence of alcohol or drugs" as raising culpability.

Where you are charged with drunk and disorderly alongside the assault, the court sentences each offence separately and may order the sentences to run consecutively if the conduct was distinct, or concurrently if it formed a single course of conduct.

First offence: will I go to prison for assaulting a police officer?

A first offence with no aggravating features and limited harm, such as a single shove during a custody struggle, may not attract immediate custody, but this will depend on the full range of circumstances related to the offence. Factors that can move a first offender across the custody threshold are weapon use, sustained or repeated violence, deliberate targeting of a vulnerable officer, racial or religious aggravation, or an injury falling within ABH or GBH.

Spitting at a police officer

Spitting is charged the same way as any other unlawful contact. Where the officer is targeted, the Sentencing Council will consider whether the spit landed on the face, contained blood, or the incident occurred during a public-health emergency.

Defences for assaulting a police officer

Self-defence and excessive force by the officer

The officer is permitted to use reasonable force. If the officer used excessive or unreasonable force, you are entitled to use proportionate force in response, and the assault charge will fail. Body-worn video showing the officer escalating is often decisive.

The officer was not acting in their duty

For a charge under section 89 of the Police Act 1996, the prosecution must prove that the officer was acting in the execution of their duty at the time of the alleged assault. If the officer was acting outside their lawful powers, or the arrest or detention was unlawful, this may provide a defence to the section 89 charge. However, depending on the facts, the prosecution may still consider whether an ordinary common assault or another offence is made out.

Case Study: Woman Not Guilty of Biting Police Officer After Unlawful Arrest

Willesden Magistrates' Court, 2026

A female client of previous good character was acquitted at Willesden Magistrates' Court after being charged with assaulting a police officer. She was detained at a shopping centre in Harrow and suddenly arrested without the officer considering less intrusive alternatives required under PACE Code G. When officers attempted to apply handcuffs, she reacted spontaneously and bit an officer's hand in response to the force being used against her.

Senior lawyer Umar Zeb was instructed just 30 minutes before trial. He cross-examined the arresting officer on the lawfulness of the arrest and the proportionality of the force used, demonstrating that the arrest did not meet the legal necessity threshold and that the client's reaction was a spontaneous act of self-defence. The CPS offered no evidence mid-trial, and the District Judge entered a not-guilty verdict, commending the quality of the representation.

Read the full case: Woman Not Guilty Biting Police After Arrest Necessity Challenged

Mistaken identity, factual dispute, lack of intent

Where CCTV, body-worn video, and witness accounts do not match the prosecution’s case, reasonable doubt can be introduced. Where contact was accidental, such as flailing during a restraint, the prosecution must still prove you acted intentionally or recklessly.

Reduction in sentence for an early guilty plea

A guilty plea entered at the first stage of proceedings attracts up to a one-third reduction in sentence under the Reduction in Sentence for a Guilty Plea guideline. After the first hearing, the maximum reduction tapers to one quarter, and then to one tenth on the day of trial. Read more on the reduction for a guilty plea.

What to do if you have been arrested or charged

• Do not answer questions in an interview without a solicitor. You are entitled to free, independent advice at the police station. See our guide on what to expect in police custody.
• Preserve evidence on your side, including clothing, witness contacts, and photos of any injuries to you.
• Request the body-worn video early. Disclosure can decide a self-defence case.
• Engage specialist defence representation before charge if possible. Pre-charge work can stop a case from being charged.

Speak to our criminal defence team now. Call London on 020 7624 7771, Birmingham on 0121 614 3333, or Manchester on 0161 835 1638. Our 24/7 emergency line is 07836 577 556.

Frequently asked questions

What is the minimum sentence for assaulting a police officer?

There is no statutory minimum. The lowest outcome under the emergency worker assault guideline is a discharge or a Band B fine, applied to the lowest category (lesser harm and lesser culpability).

How long do you get for assaulting a police officer?

The maximum is two years' custody for common assault or battery on an emergency worker committed on or after 28 June 2022, and up to life for Section 18 GBH with intent. Most contested first-offence cases without a weapon or significant injury fall within a community order or up to 26 weeks' custody.

For assaulting a police constable under section 89 of the Police Act 1996, the maximum sentence is 6 months’ custody. More serious offences, such as assault on an emergency worker, ABH or GBH, carry higher maximum sentences.

What happens if you assault a police officer?

You will usually be arrested, interviewed under caution, and either charged or released under investigation while the CPS reviews the file. Bail conditions often include staying away from the officer and the location.

Is assault on a PCSO treated the same as assault on a police officer?

Yes. The position can depend on the precise role and powers being exercised. Some police staff and PCSOs may be covered by different provisions or by the Assaults on Emergency Workers (Offences) Act 2018. The exact charge will depend on their status, powers and what they were doing at the time.

Can you defend yourself against a police officer in the UK?

Yes, where the officer uses excessive or unreasonable force or is acting outside their lawful powers. The force you use must be honestly believed necessary and objectively proportionate. Discuss this with a criminal defence solicitor before raising it at trial.

Speak to our criminal lawyers today

If you are due to attend the police station for an interview for allegations of assaulting a police officer or require any urgent specialist advice and immediate representation, please do not hesitate to get in touch.

You can contact our specialist criminal defence lawyers in London, Birmingham and Manchester by telephone on:

• London Central - Head Office: 020 7624 7771
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Or email: solicitors@jdspicer.co.uk

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Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice about assault on police officers.

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