Section 45 Assault of retail workerI1

England and Wales Not yet in force

(1)

A person who assaults a retail worker at work commits an offence under this section.

(2)

“Retail worker at work” means a person who—

(a)

is working on or about retail premises, and

(b)

is working there for or on behalf of the owner or occupier of those premises, or is the owner or occupier of those premises.

(3)

In subsection (2)—

“retail premises” means—
1. (a)
  
  premises used wholly or mainly for the purposes of the sale of anything by retail, or
2. (b)
  
  premises used mainly for the purposes of the wholesale of anything, if the premises are also used for the purposes of the sale of anything by retail,
and here “premises” include a stall or vehicle;
“working” includes doing unpaid work.

(4)

A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or both).

(5)

In subsection (4) “the maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, 6 months;

(b)

if the offence is committed after that time, 51 weeks.

(6)

In section 40(3) of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc) after paragraph (ac) insert—

“(ad)

an offence under section 45 of the Crime and Policing Act 2026 (assault of retail worker);”.

Annotations

Commencement

I1: S. 45 not in force at Royal Assent, see s. 255(1)