Offenders who assault and cause bodily harm to police officers, ambulance officers, transit guards, court security officers or prison officers will face mandatory minimum jail terms starting today.
Attorney General Christian Porter said the new laws came into effect today after receiving royal assent from the Governor yesterday.
“The mandatory sentencing legislation was one of the key commitments from the Liberal Party in the 2008 election,” Mr Porter said.
“While the Labor Party said they would not oppose the Bill they delayed its progress in both houses of Parliament.
“However, the Liberal-National Government can now provide these laws for those public officers whose job it is to enforce the law or enter into dangerous situations with limited protection.
“Court figures suggest that assaults on public officers have increased by more than 10 per cent in the past five years.
“About 80 per cent of assaults on public officers are committed against police officers.”
Police Minister Rob Johnson said the laws were part of a long overdue culture shift in the way police officers were treated in WA.
“In the 2008-09 financial year there were 1,375 assaults on police officers,” Mr Johnson said.
“Since June this year there has already been more than 200 assaults.
“Where a police officer goes into a dangerous situation in the course of their duty, the officer deserves to know that the laws of this State support them and that there will be serious consequences if they are assaulted.”
Mr Johnson said police had prepared guidelines for charging offences leading to mandatory terms of imprisonment.
“Where they wish to allege that bodily harm has occurred, the charging officer will be required to obtain a medical certificate to that effect and seek the permission of an officer ranked Sergeant or above to proceed with the charge,” he said.
Mr Porter said the definition of bodily harm meant any bodily injury that interfered with health or comfort.
“Inherent in the legal definition of bodily harm is the necessity that the bodily injury be something more than a mere sensation of pain,” he said.
“It cannot be an injury that is insignificant or trifling or trivial.”
The laws will apply to all adult offenders and all juvenile offenders aged 16 or above.
The ‘Criminal Code Amendment Bill 2008’ will apply mandatory minimum terms of imprisonment as follows:
|
Level of injury sustained |
Minimum term of mandatory imprisonment/detention |
|
Adults |
Juveniles 16-18yrs |
|
Grievous bodily harm |
12 months |
3 months |
|
Bodily harm (in circumstances of aggravation) |
9 months |
3 months |
|
Bodily harm |
6 months |
3 months |
Attorney General’s office - 9220 5050
Police Minister’s office - 9222 9211