SPITTING or coughing will be considered as aggravating factors when criminals are convicted of common assault offences under new proposed sentencing guidelines.

The Sentencing Council launched a consultation on Thursday seeking views on a number of changes to guidance on what factors judges and magistrates should consider when handing out sentences.

According to the consultation document, "a number of sentencers thought that 'spitting' should be explicitly referenced as a factor increasing the seriousness of an offence".

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It added: "The Council agreed that it should and, taking into account recent offending trends, the Council has included 'spitting or coughing' as an aggravating factor."

The Council also proposes adding an additional high culpability factor to sentencing considerations to include "intention to cause fear of serious harm, including disease" which should be assessed "at the upper end of seriousness".

It said: "This would include (but is not limited to) situations where common assault offences have been committed by offenders coughing and spitting at victims with a direct or implied threat of Covid-19 or other disease transmission.

"Public facing workers are particularly at risk from this type of offence, and a number of successful prosecutions have recently taken place.

"Where an offender intentionally spits or coughs at a victim, in situations such as the current epidemic, an intention to cause fear of transmission could be inferred even where there is no explicit assertion that an offender has a disease capable of transmission."

A spokesperson for the Council said the new guidelines proposals were not a direct response to the coronavirus outbreak as revisions had already been due and will not come into force until 2021.

But the spokesperson did acknowledge the proposed changes may be considered in the context of the outbreak.

The Council said that interim guidance on common assault offending has already been provided to courts to help with sentencing during the pandemic.

This states that: "Where sentencing common assault offences involving threats or activity relating to transmission of Covid-19 the court should treat this as an aggravating feature of the offence."

The starting point for sentencing the most serious type of common assault offence is a high-level community order, but a sentence can range up to 26 weeks' custody.

The Council's consultation also lays out guidance for sentencing common assaults against emergency workers which was made a specific offence by new legislation in 2018.

According to the Council, between November 13 and December 31, around 290 adult offenders were sentenced under the Assaults on Emergency Workers (Offences) Act.

During the first three quarters of 2019, a further 6,400 offenders were sentenced.

Justice minister Chris Philp said: "Never has the debt of gratitude we owe our emergency workers been greater, they are heroes who risk their lives to keep us safe.

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"These guidelines send a clear message that those who seek to harm them will feel the full force of the law."

Last week a suspected Covid-19 sufferer, 30-year-old Lance King, was jailed for a year after coughing in the face of two NHS hospital nurses in Staffordshire.

He was sentenced after pleading guilty to assaulting an emergency worker and criminal damage.

The Sentencing Council's consultation also covers proposed revisions to guidance for attempted murder, to ensure it reflects changes to legislation around increased sentences for murder where a weapon is taken to the scene.

Proposals also include introducing a greater number of seriousness categories and sentencing start points for ABH and GBH.