Police officer condemns community sentence for attacker

A police officer who was knocked unconscious while responding to a 999 call has condemned the community sentence handed out to his attacker.

Josh Smith, 20, repeatedly kicked and punched the officer on the head in Wishaw on 11 April 2021.

Last week he was given an 18-month community payback order at Hamilton Sheriff Court.

The officer told 1919 magazine it did not amount to "proper punishment" for his actions.

The sentence, which includes a six-month curfew from 20:00 to 07:00, has also been condemned by the Scottish Police Federation, which funds the magazine.

The attack was one of 7,046 recorded assaults on police in Scotland in 2021/22, including officers and staff being punched, kicked and bitten while carrying out their duties.

Smith, 20, was convicted of two counts of assault to injury and a further count of assault.

'Where is the justice?'

The officer, who asked for his identity to be protected, said the sentence did not fit the seriousness of the crime.

He said: "During the height of Covid, people were getting custodial sentences for coughing at police officers, and I've had somebody who, to put it bluntly, was close enough to killing me and all he's got is to stay at home.

"Where is the justice in it? Police officers go out every day and risk their lives, because that's what we do; we don't know what we're going into."

The officer was attacked as he attended reports of a man with a knife at an address in Gala Crescent in the North Lanarkshire town.

He recalled: "I fell onto the ground; he ended up on top of me. And then he just started punching and kicking me.

"I remember trying to keep a hold of him but push him off me, and then I remember hearing my colleague screaming and hearing the radio call for help going out.

"Then I remember feeling heavy, heavy blows to my head which was him either kicking or jumping on my head. I think that's the point where I lost consciousness."

Defence agent Matthew McGovern acknowledged the serious nature of the charges but told the court that a criminal justice social work report on his client was positive.

Sheriff Liam Murphy told Smith that, having considered the report, he was prepared to impose an alternative to a prison sentence.

'Unduly lenient'

David Hamilton, chairperson of the Scottish Police Federation, told the magazine: "Police officers are sick and tired of being betrayed by a justice system that pledges to take violence against police officers seriously, and then sees watered-down charges leading to unduly lenient sentences.

"Is it unreasonable to expect that society should protect those who protect society?"

A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: "Assaults on police officers and staff are reprehensible and Scotland's prosecution service will take action to protect their safety.

"COPFS works closely with Police Scotland to ensure the effective investigation and prosecution of crime, properly addressing any criminal behaviour that threatens public safety and the safety of police officers."