And he will give that opinion to Amber Rudd, urging her to instigate a change.
Mr Hayes was alerted to what he perceives as lax sentencing guidelines for magistrates by a court case highlighted in The Voice. Spalding resident Jonathan Fox’s only punishment for a violent street attack on Pc Karl Cinavas was a £500 fine.
Flabbergasted Mr Hayes wrote to the government’s solicitor general Robert Buckland QC MP querying why Fox (51) was not given a custodial sentence. As reported in The Voice last week, Mr Buckland replied that Fox had been charged with assault of a police constable in the execution of his duty, an offence which does not carry an automatic jail term.
Mr Hayes told The Voice: “I’m grateful to the solicitor general for his reply, though, naturally, I’m disappointed that there isn’t any more that can be done to review the sentence.
“I stand by my original contention that those who are found guilty of the violent assault of a police officer should expect a prison sentence.
“In response, I am writing to the Home Secretary urging such a change.”
Mr Buckland told My Hayes that he was “very sorry” to hear of what happened to Pc Cinavas in Bridge Street, Spalding, in May last year.
He said: “Unfortunately, we have no power to refer sentences passed by the magistrates’ court.”
He added: “I agree that these are serious matters and this is reflected in the sentencing guidelines. When sentencing an offence of assault occasioning actual bodily harm contrary to s.47 Offences against the Person Act 1861, the fact the offence was committed ‘against those working in the public sector or providing a service to the public’ is a specific aggravating factor tending to increase sentence. This would encompass members of the emergency services.”
Lincolnshire Police and Crime Commissioner Marc Jones has been following the outcome too.
He tweeted: “Sentencing guidelines MUST be changed! Proper protection vital for all emergency services. Jail should be mandatory for attacks of this kind.”
