an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.
(5) In this section—
- “ancillary offence”, in relation to an offence, means any of the following—
- (a) aiding, abetting, counselling or procuring the commission of the offence;
- (b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;
- (c) attempting or conspiring to commit the offence;
- “emergency worker” has the meaning given by section 3.
(6) Nothing in this section prevents a court from treating the fact mentioned in subsection (1)(b) as an aggravating factor in relation to offences not listed in subsection (3).
(7) This section applies only in relation to offences committed on or after the day it comes into force.
3Meaning of “emergency worker”
(1) In sections 1 and 2, “emergency worker” means—
- (a) a constable;
- (b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;
- (c) a National Crime Agency officer;
- (d) a prison officer;
- (e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;
- (f) a prisoner custody officer, so far as relating to the exercise of escort functions;
- (g) a custody officer, so far as relating to the exercise of escort functions;
- (h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;
- (i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);
- (j) a person employed for the purposes of providing, or engaged to provide—
- (i) NHS health services, or
- (ii) services in the support of the provision of NHS health services,
- and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.
(2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid.
(3) In this section—
- “custodial institution” means any of the following—
