To Bring Harper's Law To Northern Ireland & Increase Sentences For Assaults On Emergency Services Under The Police Act 1998.

I would like to ask that you read the following to the end so you have an understanding of what changes in law I am asking for. This is in two parts: to bring Harper's Law to Northern Ireland and to have increased sentencing for assaults on emergency services with change to legislation in what is classed as a deadly weapon.

Harper's Law received Royal Assent on 28th April 2022 named after PC Andrew Harper, who was killed in the line of duty in 2019, the law introduced mandatory life sentences for anyone convicted of killing an emergency worker whilst doing their duty to include a police officer, firefighter, nurse, doctor, prison officer or ambulance service worker, would be jailed for life with a mandatory minimum jail term of 40 years. It went onto the statute book on 28th June 2022 and applies to England & Wales only.

On 15th August 2019, 28-year-old English police constable Andrew Harper was killed near Sulhamstead, Berkshire, England in the line of duty. PC Harper and a fellow officer were responding to a report of a burglary, after which PC Harper was dragged behind a car for a mile, causing his death. In July 2020, three teenage males were found guilty of manslaughter and received sentences of 16- and 13- years imprisonment. They were acquitted on the charge of murder. In August 2020, Lissie Harper, widow of PC Harper launched a campaign for a new law which would require life imprisonment for criminals whose actions result in the death of any police officer, prison officer, firefighter, ambulance service worker, doctor or nurse.

This campaign will aim to bring Harper's Law to Northern Ireland to introduce mandatory life sentences for killing emergency workers. In Northern Ireland emergency personnel are attacked on a daily basis. All attacks put emergency service personnel, healthcare professionals in danger of death especially with the dissident threat to PSNI and Prison officers. All are put at risk and into the depths of danger on a regular basis on behalf of society, society must offer the greatest protection for those dedicated public servants who are killed protecting it and saving lives.

ASSAULTS TO EMERGENCY SERVICES WORKERS & HEALTHCARE PROFESSIONALS UNDER THE POLICE (NI) ACT 1998

This leads on to assaults on emergency personnel in Northern Ireland, verbally abused, spat at, head-butted, kicked, punched, bitten, broken limbs, strangulation, police having petrol bombs, masonry and much more thrown at them. Assaulting any emergency personnel should be viewed as an egregious offence. In addition to constant assaults on police officers, assaults should be extended to protect all emergency service and healthcare professionals in the performance of their lawful duties. A person who intends to prevent these individuals from performing their assigned responsibilities by intending to cause serious physical injury and acting to cause serious physical injury should be a serious violation of the law. A serious physical injury is defined as one that might cause death, a substantial risk of death, protracted impairment of health or disfigurement, or loss of a bodily organ, any assault minor to major has a potential risk to health.

An assault can leave life changing injuries leaving long term/permanent harm, loss of service and even death. Attacks on emergency personnel in Northern Ireland are serious assaults but sentencing is very low 6 months to 2 years. In the US, Canada, Australia and other parts of Europe it is a Class C Felony rising to Class B Felony when a deadly weapon is used this includes a vehicle. In NYC, Florida and other States attacks on police and other emergency workers 10-15 years up to 25 years if a dangerous weapon is used during the altercation the charge escalates to aggravated assault and the punishment increases in severity to a 25-year term in prison, fines from £10,000 up to £25,000.

In Northern Ireland injuries to emergency services and healthcare professionals happen on a regular basis. Below are figures from Freedom of Information for injuries received. I have put a total for each but did not break down minor/major injuries, A&E visits, hospital stays or major loss of service.

ASSAULTS ON EMERGENCY SERVICES, DOCTORS & NURSES

1st January 2021 to 31st December 2024 assaults were recorded.

⦁ Police Service of Northern Ireland: Total 18,231

⦁ Prison Service Total:  Total 290

⦁ NI Ambulance Service: Total 1,975

Ambulance personnel have now to wear Body Worn (BWV) cameras.

• NIFRS: Total:16

Health & Social Care Trust Assaults Were Recorded on Healthcare Staff -

Figures below are from Jan 1st 2021 to Dec 31st 2024

⦁ HSC - Western Trust (Altnagelvin & SW Acute Hospitals):  Total 5,041

⦁ HSC - Belfast Trust (Royal Victoria, Royal Maternity, Royal Children's &  Mater Hospitals): Total 10,901

⦁ HSC - Southern Trust (Craigavon & Daisy Hill Hospitals): Total 4,542

⦁ HSC - South Eastern Trust (Ulster, Downe & Lagan Valley Hospitals): Total 3,803

⦁ HSC - Northern Trust (Antrim Area & Causeway Hospitals): Total 1,916

Emergency services and healthcare professionals must be able to carry out their duties as safely as possible. Being assaulted is not and should never be regarded as 'part of the job', it is wholly unacceptable for them to be threatened, verbally abused, attacked, spat at, head-butted, kicked, punched, bitten, broken limbs etc., police officers are also attacked with petrol bombs, masonry and many other objects, those responsible should face the full force of the law.

Therefore, I am looking for support for legislative change for emergency personnel and healthcare professionals assaulted on duty to serve full sentence with 2-year out on licence, supervised by probation. No day release or compassionate leave will be granted, prisoner must serve his/her time for the offence.

1. Minimum 5 years for assault and sexual assault - It occurs when someone inflicts physical injury, biting/bruising, kicking, punching spitting (is a health hazzard) - a bodily impairment or substantial pain on emergency worker or healthcare professional. If someone acts recklessly that is, knows that an action might result in an injury to an emergency worker but does it anyway they will be charged with assault.

2. Minimum 10 years: Intentionally assaults an emergency worker & healthcare professionals, and thereby recklessly inflicts substantial bodily harm causing long-term protracted health issue - broken eye socket/cheek/nose/limb, is disfigured, crippled, left with some impairment and threat to kill.

3. Minimum 20 years: A person is guilty of aggravated assault upon a police officer or other emergency personnel and healthcare professionals when, with intent to cause serious physical injury to a person whom he knows or reasonably should know to be a police officer or another member of the emergency services engaged in the course of performing his/her official duties. he causes such injury by means of a deadly weapon (described below).

As this will be an immediate custodial sentence no bail will be given.

Fines: At point 1. £5,000 at point 2. £15,000 at point 3. £25,000

Any death which results from 1, 2 or 3 will come under Harper's Law Legislation for murder.

RAMMING OF POLICE VEHICLES - Classed as assault with a deadly weapon therefore, charged as attempted murder. Damage to police vehicles: 2021-2014 160 police vehicles rammed. Cost of repairs £395,770.00. 3 police vehicles written off, replacement cost £51,325.00. Restitution payable by the offender.

RESTING ARREST - While the police are charged with upholding the law and maintaining safety in the community, encounters with police officers can quickly take a turn for the worse when an offender becomes offensive. If an officer believes a person is being uncooperative or is refusing to follow their instructions then they are resisting arrest.

Penalties for Resisting Arrest in Northern Ireland -

1. Resisting Without Violence – Any non-violent interference directed at a police  officer who is acting pursuant to a legitimate law enforcement function.

• One year in jail and a £1,000 fine. To serve full sentence with 1 year out on licence, supervised by probation.

Whoever shall resist, obstruct, or oppose any law enforcement officer or other person legally authorized to execute process. In the law execution of a legal duty, without offering or doing violence to the person of the officer, shall be guilty of Resisting Arrest -

(1) The defendant resisted, obstructed, or opposed a law enforcement officer;
(2) At the time, the officer was engaged in the execution of legal process or the lawful execution of a legal duty;
(3) The officer was a person legally authorized to execute process; and
(4) At the time, the defendant knew that the person resisted, obstructed, or opposed was in fact an officer or other person legally authorized to execute process.

2. Resisting with Violence – This will fall under 1, 2, or 3 of above Assaulting an Officer.

A person is guilty of resisting arrest with force or violence when:

(1) The person intentionally prevents or attempts to prevent a police officer from effecting an arrest or detention of the person or another person by use of force or violence towards said police officer, or 
(2) Intentionally flees from a police officer who is effecting an arrest against them by use of force or violence towards said police officer, or 
(3) Injures or struggles with said police officer causing injury to the police officer

• This will fall under 1, 2, or 3 Under Assaults.

DISORDERLY CONDUCT & OBSTRUCTION

Where does free speech end and criminal conduct begin? Where you are, what you say, and how you say it all matters.

It is in the surrounding circumstances that sometimes, speech crosses over into unprotected territory.

Harassment, obstruction, disorderly behaviour, abusive, threatening, insulting words, racial slurs, offensive language causing Emergency Services & Healthcare Professionals to suffer fear or alarm.

•The conduct takes place near or at a school, hospital, prison, police station.
•In public places.
•Private place.
•The offence occurs in the presence of an emergency facility person performing their job.
•The offence occurs in the presence of a first responder performing their job at the scene of an accident, fire, riot, disaster, or other emergencies.
•Another person/s interfering in an arrest causing obstruction is liable for arrest.

A person guilty of an offence is liable— 

(a) on conviction on indictment, to imprisonment for a term, minimum 2 years not exceeding 5 years, or to a fine, or to both, or
(b) on summary conviction, to imprisonment for a term of 12 months, or to the statutory maximum fine (£5,000) or to both.

 

DEADLY WEAPON
To change Northern Ireland legislation to deadly weapon by vehicle, whether that's ramming a police vehicle or any emergency vehicle or to run over/knock down a police officer trying to make their escape.

A deadly weapon is usually an object, instrument, substance, or device which is intended to be used in a way that is likely to cause death or serious injury, or with which death can be easily and readily produced: any firearm, bomb, petrol bomb, acid, machetes any sort of knife/dagger/sword, brass/iron knuckle duster, billiard cue/bat/wheel brace, vehicle and laser pointer. A deadly weapon need not be a weapon in the traditional sense for example, a large rock could be considered when used by a defendant to strike the victim on the head, fracturing his/her skull which can lead to bleeding, brain damage, leaking of cerebrospinal fluid, infection and seizures. A floor could be considered a deadly weapon when the defendant slams the victim's head down upon it fracturing his/her skull and that hands and fists could be considered deadly weapons under certain circumstances.

 

POINTING LASERS AT AIRCRAFT

There have been incidents when PSNI helicopter pilots have been airbourne carrying out their lawful duties when a laser has been shone at them.
When a bright visible laser light causes distraction or temporary flash blindness to a pilot, during a critical phase of flight such as landing or take off and in the air. Laser strikes on aircraft remain a serious threat to aviation safety. Intentionally aiming lasers at aircrafts poses a safety threat to pilots and violates law. Many high-powered lasers can incapacitate pilots flying aircraft which makes it a risk of a tragic outcome.

There were 536 laser incidents according to the Civil Aviation Authority these include police helicopters, private helicopters, commercial and private planes.
Conviction in Northern Ireland is not exceeding 6 months.

Therefore based on research in the United States to have changes in NI Legislation as below -

1. Whoever knowingly aims the beam of a laser pointer at an aircraft in the jurisdiction of Northern Ireland, or at the flight path of such an aircraft, shall be imprisoned for

⦁ 2 years not more than 5 years to serve full sentence 1 year out on licence, supervised by probation to include a fine of £2,000.

 

ASSAULTS TO EMERGENCY SERVICE PERSONNEL, DOCTORS & NURSES THROUGH ALCOHOL/DRUGS/MENTAL HEALTH

Substance abuse (alcohol and drugs) is the largest precipitator of violence in adults and adolescents —plays a part in nearly half of all violent crimes. The correlation between substance abuse and violent behaviour has been well documented. One study found that more than 26% of respondents who reported using alcohol, cannabis, and cocaine in a 12-month period, also reported committing a violent crime within the same time frame.

Alcohol/drugs plays a large role in criminal activities and violence. Excessive drinking has the ability to lower inhibitions, impair a person’s judgement and increase the risk of aggressive behaviours. Because of this, alcohol-related violence and crime rates are on the rise throughout the country.

This is not an excuse for negative behaviour, nor does it imply a drug addicted/alcohol person should not be held responsible for their actions. Intoxication, whether voluntary or involuntary, is not a defence per se. The basic precept of criminal law is that voluntary intoxication does not excuse criminal behaviour. Alcohol nor drugs is not a valid excuse for any assault.

So whether it's drugs, alcohol or mental health issues should no longer be used in a Court of Law and should be classed as an aggravating factor and classed as a serious assault on emergency service personnel including doctors and nurses and punishable at 1, 2, or 3 Under Assaults. Once imprisoned, help can be sought and addressed for offender's issues.

HarpersLawNI