Source · Select Committees · Home Affairs Committee
Recommendation 6
6
Accepted
Paragraph: 37
Revised spitting/coughing sentencing guidance excludes threats and was introduced too late.
Conclusion
We welcome the revised guidance from the Sentencing Council which makes the despicable act of deliberate spitting or coughing an aggravating factor for common assault. However, we note that incidents of offenders threatening to spit or cough would not be covered by its terms and regret that the sentencing guidelines took over a year from the start of the Covid crisis to be introduced.
Government Response Summary
The government clarifies that the revised common assault guideline includes a new high-culpability factor for 'intention to cause fear of serious harm, including disease transmission', which addresses threats to spit or cough related to Covid-19.
Paragraph Reference:
37
Government Response
Accepted
HM Government
Accepted
In response to the pandemic, in April 2020 the Sentencing Council issued interim sentencing guidance that clarified, when sentencing common assault offences involving threats or activity relating to transmission of Covid-19, courts should treat this as an aggravating feature of the offence, meriting a more severe sentence. In addition, the Council published revised sentencing guidelines for assault offences in May 2021. As acknowledged by the HASC, the revised common assault guideline lists ‘deliberate spitting or coughing’ as an aggravating factor. The guideline also includes a new high-culpability factor of ‘intention to cause fear of serious harm, including disease transmission’, which will allow for common assault offences involving threats or activity relating to the transmission of Covid-19 to be assessed at the highest level of culpability. The Government agrees with HASC that it should work closely with retailers to ensure any continued restrictions and guidance on Covid-19 are workable and clear. The Department for Health and Social Care (DHSC) holds responsibility for the regulations regarding the wearing of face coverings, and the Department for Business, Energy and Industrial Strategy (BEIS) and Department for Environment, Food, and Rural Affairs (DEFRA) worked closely with retailers and supermarkets throughout the pandemic. During the pandemic, the Government published safer working guidance that is kept under review and updated to reflect changes in Government policy. The Working safely during coronavirus (COVID-19) guidance, includes specific guidance for people who work in or run shops, branches, stores or similar environments on how to make their workplaces Covid-secure for their employees, visitors and customers. BEIS officials worked with businesses to support these activities, including how to encourage the use of face coverings. The sector welcomed the engagement and support from Government departments, and retailers were able to lead the way in ensuring the safety of their customers in line with the guidance. BEIS and DEFRA will continue to work closely with retailers on any guidance needed in future.