A woman with what magistrates described as a “less than envious” criminal record has been jailed for kicking a police officer at Furness General Hospital. Katie Gardner, 36, of no fixed abode, appeared before South Cumbria Magistrates’ Court on August 6 via video link from HMP Styal, where she is currently serving time for other offences. She pleaded guilty to assault by beating of an emergency worker, an offence that carries a maximum sentence of 12 months’ imprisonment.
The court heard that on June 9, Gardner had been placed into police custody for unrelated matters when officers became concerned about her health. Concerned for her wellbeing, they took her to Furness General Hospital for medical assessment and treatment. While at the hospital, Gardner’s behaviour became increasingly difficult, and at one point she clashed with PC James Kimberley. According to prosecutor Peter Kelly, officers had to physically take hold of Gardner after she became uncooperative. During the ensuing struggle, she lifted her left leg and kicked out at PC Kimberley’s knee.
Mr Kelly described the kick as a “glancing blow,” but it was enough for Gardner to be further arrested and taken back from the hospital to the police station. The court was told that Gardner had been jailed on August 1 after pleading guilty to a number of other unrelated matters. She appeared in court via video link because of her current imprisonment.
The prosecution highlighted that Gardner had a significant history of violent offending, with 22 previous offences for assault against a person. This record was a key factor in the magistrates’ decision to impose a custodial sentence, despite the relatively minor nature of the injury caused to the officer.
In mitigation, solicitor Lisa Phizacklea explained the circumstances surrounding the incident. She told the court that Gardner had not been allowed to sit in the main waiting area of the hospital. Staff members spoke with police after receiving complaints from members of the public who were uncomfortable with Gardner being in the waiting room. Gardner was lying on the floor and just wanted to go to sleep, according to her solicitor. She was not causing any trouble when officers pinned her to the floor, and it was only then that she kicked out.
Magistrates imposed a consecutive four-week jail term, meaning the sentence will be added to the time Gardner is already serving. She was also ordered to pay £85 in court costs and a £154 victim surcharge upon her release. The chair of the magistrates’ bench commented directly to Gardner: “Your record is less than envious.”
Background: Assaults on Emergency Workers
This case highlights the ongoing issue of assaults against emergency workers in the United Kingdom. Police officers, paramedics, and hospital staff increasingly face violence while carrying out their duties. In recent years, the legal system has taken a tougher stance on such offences. The Assaults on Emergency Workers (Offences) Act 2018 was introduced specifically to provide greater protection for emergency workers, including police officers, prison officers, firefighters, and NHS staff. Under this legislation, assaulting an emergency worker is an aggravated offence, meaning it carries a higher maximum penalty than a standard common assault.
Before the 2018 Act, assaulting a police officer was dealt with under the Police Act 1996, which made it an offence to assault a constable in the execution of their duty. However, the maximum penalty was six months’ imprisonment. The 2018 Act doubled this to 12 months, reflecting the seriousness with which such offences are now treated. The legislation was introduced following a campaign by trade unions and charities representing emergency workers, who argued that violence against those who serve the public was escalating and needed stronger deterrents.
Statistics from the National Police Chiefs’ Council have shown that thousands of assaults on police officers are recorded each year. Many of these occur when officers are dealing with vulnerable individuals, often in healthcare settings, where they must balance the needs of the person with their duty to maintain public safety. In this case, the officers were transporting Gardner to hospital for medical treatment when the situation escalated, a scenario that is familiar to many frontline officers.
The Role of Hospitals and Policing
Furness General Hospital, part of the University Hospitals of Morecambe Bay NHS Foundation Trust, serves the Barrow-in-Furness area of Cumbria. It has an emergency department that frequently receives patients who are in police custody. Officers often accompany detainees to hospital for medical assessments, and these visits can be challenging. Patients might be anxious, distressed, or under the influence of drugs or alcohol, making them unpredictable. In some cases, as seen with Gardner, a routine health check can quickly turn into a violent incident.
The court heard that Gardner was lying on the hospital floor and wanted to sleep. This kind of behaviour, while perhaps not aggressive in itself, can cause concern among other patients and visitors. Hospital staff have a duty to ensure the safety and comfort of everyone in their care, and they may ask police to intervene if a patient is causing a disturbance. In this instance, members of the public reportedly complained about Gardner’s presence in the waiting area, prompting staff to speak with the officers.
When officers are asked to manage a difficult detainee in a hospital, they must use their judgment about the level of force required. The use of force by police is governed by the Criminal Justice and Immigration Act 2008 and the common law, which allows officers to use reasonable force to prevent crime, effect a lawful arrest, or protect themselves or others. What is considered reasonable depends on the circumstances, including the perceived threat at the time. In Gardner’s case, officers decided that physically taking hold of her was necessary, and it was during this intervention that she kicked out.
Katie Gardner’s Criminal History
Katie Gardner’s record includes 22 previous offences for assault against a person. This was a key aggravating factor in her sentencing. Magistrates have the power to impose a custodial sentence for a single charge of assault by beating of an emergency worker, but they must carefully consider the seriousness of the offence and the offender’s background. Gardner’s history of violence would have made it difficult for the court to impose anything other than an immediate custodial sentence, given the need to protect the public and the lack of any clear prospect of rehabilitation.
Her solicitor’s mitigation provided some context for her actions, citing her difficult circumstances and her immediate need for sleep while at the hospital. However, the court clearly took the view that her previous offending outweighed these factors. The fact that she was already in custody for other matters also meant that adding a consecutive sentence was a straightforward decision, as she was not being released imminently.
Assaults on police officers not only cause physical harm but also have a lasting impact on the mental health of the victims. Officers who are attacked often report anxiety, fear, and a reluctance to engage with certain situations in the future. The Police Federation, which represents rank-and-file officers in England and Wales, has repeatedly called for tougher sentences and better support for officers who are victims of violence.
Legal and Social Implications
This case serves as a reminder that violence against emergency workers will not be tolerated. The courts have made it clear that such behaviour is serious and can result in imprisonment, even if the injury is minor. The victim surcharge of £154 is an additional penalty designed to fund support services for victims of crime, and the court costs add to the financial consequences of Gardner’s actions.
More broadly, the incident raises questions about how society treats people who are in custody and in need of medical care. Police officers are not medical professionals, but they are often the ones who accompany detainees to hospital. This dual role can create complex situations, as officers must ensure the safety of the public, the detainee, and themselves. In Gardner’s case, the officers’ decision to transport her to hospital was made out of concern for her health, but it ended with another criminal charge and a further prison sentence.
Healthcare staff also face significant risks when dealing with aggressive patients. NHS Protect figures have previously shown that thousands of incidents of violence and aggression are reported across the health service each year. Hospitals often have security teams and protocols to manage such incidents, but when police are present, the responsibility often falls on them to intervene. Collaboration between police and health services is therefore essential to ensure that both patients and staff are protected.
The sentence imposed on Gardner is relatively short at four weeks, but the impact of having a criminal conviction for assaulting an emergency worker can be long-lasting. It is an offence that may be considered as a sign of a propensity for violence, and it can affect future employment, housing, and relationships. For Gardner, who already has a substantial criminal record, it adds to a pattern of behaviour that has likely had a significant impact on her own life as well.
The magistrates’ comment that her record is “less than envious” was a pointed remark about her history of offending. It suggests that the bench saw her as someone who has repeatedly failed to comply with the law, and that this latest offence was not an isolated lapse but part of a broader trend. In the end, the court’s decision to impose a consecutive jail term reflects the seriousness with which it viewed the assault on PC Kimberley, who was simply doing his duty when he was kicked.
Source:The Mail News