The County Court's chief judge believes Victorians have been "misled" into thinking legislation introduced to crack down on people who assault emergency services workers means mandatory jail time for offenders.

Chief Judge Peter Kidd said on Wednesday that commentary around the changes to sentencing laws – introduced by the government in 2018 – had given the community the mistaken impression custodial sentences were mandatory for those who assault police, paramedics, nurses, firefighters and prison staff.

Country Court Chief Judge Peter Kidd. Credit:Joe Armao

"Unfortunately, there is commentary out there which suggests [they are mandatory] and I can understand why people then ask the question, 'Why has the person not gone to jail if it's mandatory sentencing?' The simple answer is the people, the community, have been misled about what these laws are," he told 3AW's Neil Mitchell.

Chief Judge Kidd said judges apply and interpret the law, which is made by Parliament.