In our response and addendum to the public consultation on sentencing for assault, we recommend that sentencing policy should recognise that street violence is a major issue and that the new Guideline should (a) refer explicitly to the greater harm caused by stranger attacks, (b) make clear that unprovoked attacks trigger a higher culpability, and (c) take account of the seriousness of attacks (i) that take place in the presence of the public, (ii) where the victim is using (and not just providing) a public service, (iii) that leave the victim fearful of leaving their home, and (iv) where steps are taken to prevent witnesses from engaging with the criminal justice system. Though there was no press release, the Yorkshire Post picked up the issue.
Regrettably, the final Guideline which came out on 16 March overlooks these points. Whether this was more to do with the way the consultation exercise was conducted than views about the substantive policy, the risk is that if the Guideline is applied by courts as a checklist, those who attack strangers on our streets will be treated more leniently than other violent criminals.
