Covid-19 and the criminal law

Justice Committee Closed Inquiry
Opened: 10 Mar 2021 Closed: 13 Sep 2023 Parliament page
This inquiry examines the way in which the Government has created new criminal offences to ensure people follow restrictions and lockdown, how the criminal law has been adapted to deal with the pandemic, and how covid-19 offences have been enforced, applied and reviewed by the police, the Crown Prosecution Service … Read more
13 Recommendations
21 Conclusions
1 Report
7 Letters
2 Events
Activity timeline 11 events
8 Sep
2022
Report published
28 Jun
2022
Correspondence
14 Jun
2022
Correspondence
8 Jun
2022
Correspondence
22 Feb
2022
Correspondence
24 Sep
2021
Report published
13 Jul
2021
Correspondence
13 Jul
2021
Correspondence
8 Jul
2021
Correspondence
27 Apr
2021
Formal meeting (oral evidence session) · Virtual meeting
20 Apr
2021
Formal meeting · Virtual meeting
Title HC No. Published Items Response
4th Report - Covid-19 and the criminal law HC 71 24 Sep 2021 34 Responded
Recommendations & Conclusions
34 results
1 Conclusion
4th Report - Covid-19 and the crim…
In considering the Government’s approach to its use of the criminal law during the covid-19...
In considering the Government’s approach to its use of the criminal law during the covid-19 pandemic we recognise that the Government was required to act in exceptional circumstances and to respond to a public health emergency of a scale not … Read more
Government Response
The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods.
Ministry of Justice
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2 Recommendation
4th Report - Covid-19 and the crim…
The Government’s first priority must be to protect public health and save lives.
The Government’s first priority must be to protect public health and save lives. The Government should be commended for moving to strike a difficult balance between the need to provide police forces with tools to enforce the rules without criminalising … Read more
Ministry of Justice
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3 Conclusion
4th Report - Covid-19 and the crim…
However, the creation and enforcement of any new criminal offence must be compatible with widely...
However, the creation and enforcement of any new criminal offence must be compatible with widely understood principles of the rule of law. Ensuring that those principles are upheld serves to enhance understanding of and compliance with the law, which is … Read more
Government Response
The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods. The response to … Read more
Ministry of Justice
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4 Conclusion
4th Report - Covid-19 and the crim…
At the time of publication of this report, we recognise that almost of all of...
At the time of publication of this report, we recognise that almost of all of the covid-19 restrictions we refer to are no longer in force. However, should the covid-19 situation worsen again, and restrictions need to be reintroduced, we … Read more
Government Response
The Government’s objective in the next phase of the response is to enable the country to manage COVID-19 like other respiratory illnesses, while minimising mortality and retaining the ability to … Read more
Ministry of Justice
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5 Conclusion
4th Report - Covid-19 and the crim…
A central lesson from the covid-19 pandemic is that future responses to pandemics needs to...
A central lesson from the covid-19 pandemic is that future responses to pandemics needs to be cross-governmental from the outset, and not just led out of an individual department, such as in this case the Department for Health and Social Care.
Government Response
The Government’s response to the COVID-19 pandemic has been cross-governmental from the outset. Government’s decision-making mechanisms evolved to meet the demands of the pandemic. In line with its role as … Read more
Ministry of Justice
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6 Conclusion
4th Report - Covid-19 and the crim…
Another lesson is that the Ministry of Justice should have greater oversight over the creation...
Another lesson is that the Ministry of Justice should have greater oversight over the creation of criminal offences in response to public health emergencies, including a pandemic. As government guidance states, the Ministry of Justice should be consulted on the … Read more
Government Response
Government departments regularly consult the Ministry of Justice when they seek to create new, or amend existing, criminal offences or penalties. The Ministry of Justice does not take ownership of … Read more
Ministry of Justice
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7 Recommendation
4th Report - Covid-19 and the crim…
The Government should update its guidance on the creation of new criminal offences for all...
The Government should update its guidance on the creation of new criminal offences for all departments to clarify that the Ministry of Justice should as a rule be consulted. While circumstances may conceivably arise in which the need for a … Read more
Ministry of Justice
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8 Recommendation
4th Report - Covid-19 and the crim…
We support the creation of the UK Health Security Agency as a new body designed...
We support the creation of the UK Health Security Agency as a new body designed to ensure the nation can respond quickly and at greater scale to future pandemics. In line with Lord Wolfson’s suggestion that expertise in the criminal … Read more
Ministry of Justice
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9 Recommendation
4th Report - Covid-19 and the crim…
Given the central role that new covid-19 related offences and lockdown laws played in protecting...
Given the central role that new covid-19 related offences and lockdown laws played in protecting public health, we recommend that the Government commission a study, to be conducted by the UK Health Security Agency or other relevant body, into the … Read more
Ministry of Justice
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10 Conclusion
4th Report - Covid-19 and the crim…
There has been general recognition of the need to respond very quickly to the changing...
There has been general recognition of the need to respond very quickly to the changing circumstances of the pandemic, particularly as it began when facts about the virus were not well known. The Government was right to use all the … Read more
Government Response
The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods.
Ministry of Justice
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11 Conclusion
4th Report - Covid-19 and the crim…
Parliament has a responsibility to ensure that any criminalisation has democratic legitimacy.
Parliament has a responsibility to ensure that any criminalisation has democratic legitimacy. Legitimacy is vital when widespread curtailment of civil liberties is at stake and the risk of people ignoring the rules owing to low risk of detection is high. Read more
Government Response
The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods.
Ministry of Justice
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12 Recommendation
4th Report - Covid-19 and the crim…
A lesson from the covid-19 pandemic is that Parliament should play a more active role...
A lesson from the covid-19 pandemic is that Parliament should play a more active role in the creation, scrutiny and oversight of new criminal offences in response to emergencies. One of the primary functions of parliamentary scrutiny of legislation is … Read more
Ministry of Justice
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13 Conclusion
4th Report - Covid-19 and the crim…
The Ministry of Justice has undertaken to write to this Committee whenever it introduces a...
The Ministry of Justice has undertaken to write to this Committee whenever it introduces a statutory instrument which may be of interest to this Committee. During the pandemic, we have corresponded with the Lord Chancellor over a number 34 Covid-19 … Read more
Government Response
All statutory instruments are laid in Parliament and available online at www.legislation. gov.uk. It is a matter for each Government department and for select committees to determine how they agree … Read more
Ministry of Justice
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14 Conclusion
4th Report - Covid-19 and the crim…
To facilitate effective scrutiny of new criminal offences in statutory instruments, it would be helpful...
To facilitate effective scrutiny of new criminal offences in statutory instruments, it would be helpful if the Government would ensure that the accompanying explanatory memorandum should contain a specific section detailing any new offences, the reasons behind their creation, and … Read more
Government Response
The Government considers that including a specific heading in the explanatory memorandum for new criminal offences created by a statutory instrument is disproportionate. It is important that the explanatory memorandum … Read more
Ministry of Justice
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15 Conclusion
4th Report - Covid-19 and the crim…
The Government’s communication of new covid-19 offences created in response to the pandemic was essential...
The Government’s communication of new covid-19 offences created in response to the pandemic was essential to ensuring both that public and law enforcement agencies understood what was prohibited and delivering high levels of compliance.
Government Response
We agree that good communication is essential to delivering compliance and protecting public health. Throughout the pandemic the Government has communicated what everyone should do to minimise the risk to … Read more
Ministry of Justice
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16 Conclusion
4th Report - Covid-19 and the crim…
We recognise that throughout the pandemic the Government’s priority has been to communicate as clearly...
We recognise that throughout the pandemic the Government’s priority has been to communicate as clearly as possible to the public what they should and should not do. We also recognise that due to the speed with which legislation needed to … Read more
Government Response
Throughout the pandemic, the Government has evolved its approach to communicating clearly the effects of changes made to the law, alongside publication of the legislation and its associated guidance. We … Read more
Ministry of Justice
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17 Conclusion
4th Report - Covid-19 and the crim…
However, blurring the line between government guidance and the law has potentially damaging long-term consequences,...
However, blurring the line between government guidance and the law has potentially damaging long-term consequences, including for the rule of law. In a free society that respects the rule of law, only legislation can criminalise conduct, and it should be … Read more
Government Response
Throughout the pandemic, the Government has evolved its approach to communicating clearly the effects of changes made to the law, alongside publication of the legislation and its associated guidance. We … Read more
Ministry of Justice
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18 Conclusion
4th Report - Covid-19 and the crim…
We recognise that sometimes novel offences were created at speed and that there was inevitably,...
We recognise that sometimes novel offences were created at speed and that there was inevitably, therefore, some initial uncertainty about their extent and application. The concept of legal certainty is also an essential component of the rule of law. In … Read more
Government Response
We agree that good communication is essential to delivering compliance and protecting public health. Throughout the pandemic the Government has communicated what everyone should do to minimise the risk to … Read more
Ministry of Justice
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19 Recommendation
4th Report - Covid-19 and the crim…
A key lesson from the covid-19 pandemic is the importance of public communication of any...
A key lesson from the covid-19 pandemic is the importance of public communication of any new restrictions and criminal offences to delivering compliance and protecting public health. The Government should review how public health guidance and public Covid-19 and the … Read more
Ministry of Justice
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20 Conclusion
4th Report - Covid-19 and the crim…
Fixed penalty notices have an established a role in our legal system, for example for...
Fixed penalty notices have an established a role in our legal system, for example for road traffic offences, but the context of new covid-19 offences is different from many of these offences and curtailed freedoms considered fundamental in a democratic … Read more
Government Response
Effectiveness of Fixed Penalty Notices The British policing model is one of policing by consent and that has not changed. Throughout the pandemic the police have used the 4Es approach: … Read more
Ministry of Justice
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21 Conclusion
4th Report - Covid-19 and the crim…
A £10,000 fine for a criminal offence is a penalty so large that only a...
A £10,000 fine for a criminal offence is a penalty so large that only a court should issue it. When a court issues a fine, it takes into account the financial circumstances of an individual; this is not the case with fixed penalty notices.
Government Response
The £10k FPNs were introduced for people who organised a gathering contrary to the regulations, that is for those who were committing a more egregious breach of the rules, thereby … Read more
Ministry of Justice
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22 Recommendation
4th Report - Covid-19 and the crim…
We recognise that, due to the reliance on the Public Health (Control of Diseases) Act...
We recognise that, due to the reliance on the Public Health (Control of Diseases) Act as the legislative framework for creating new offences, the Government was limited in its options to create new offences. A lesson from the covid-19 pandemic … Read more
Ministry of Justice
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23 Recommendation
4th Report - Covid-19 and the crim…
The Government should conduct a review of fixed penalty notices for covid-19 offences.
The Government should conduct a review of fixed penalty notices for covid-19 offences. The review should consider: • how effective the fixed penalty notice scheme has been for delivering public compliance; • what alternative options there might be for enforcing … Read more
Ministry of Justice
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24 Conclusion
4th Report - Covid-19 and the crim…
The high error rate of charges brought under the Coronavirus Act and the public health...
The high error rate of charges brought under the Coronavirus Act and the public health regulations illustrates the importance of the need for future pandemic planning to consider the role of the criminal law. (Paragraph 68) 36 Covid-19 and the … Read more
Government Response
It is regrettable that any incorrect charging decisions were made under the Coronavirus Act 2020. The primary issue identified by the Crown Prosecution Service (CPS) was that individuals were erroneously … Read more
Ministry of Justice
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25 Conclusion
4th Report - Covid-19 and the crim…
We recognise that the rates of payment for covid-19 related fixed penalty notices are broadly...
We recognise that the rates of payment for covid-19 related fixed penalty notices are broadly in line with what is expected for other types of fixed penalty notices such as traffic offences. However, given the high profile and pertinent nature … Read more
Government Response
The Government should conduct a review of fixed penalty notices for COVID-19 offences. The review should consider: • how effective the fixed penalty notice scheme has been for delivering public … Read more
Ministry of Justice
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26 Recommendation
4th Report - Covid-19 and the crim…
In its response to this report the Government should provide us with data on: •...
In its response to this report the Government should provide us with data on: • the number and proportion of fixed penalty notices that have not been paid; • the number of cases where the police have decided not to … Read more
Ministry of Justice
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27 Conclusion
4th Report - Covid-19 and the crim…
The guidance on ACRO Criminal Records Office’s website is ambiguous.
The guidance on ACRO Criminal Records Office’s website is ambiguous. It should be made clearer to reflect the fact that contesting a fixed penalty notice does trigger a review by the relevant police force. If someone has a good reason … Read more
Government Response
The guidance is owned and drafted by ACRO Criminal Records Office (ACRO), who have provided the following response: Information on contesting a fixed penalty notice (FPN) is available on the … Read more
Ministry of Justice
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28 Recommendation
4th Report - Covid-19 and the crim…
We acknowledge the policing Minister’s point about proportionality but are concerned that the review process...
We acknowledge the policing Minister’s point about proportionality but are concerned that the review process for covid-19 related fixed penalty notices was inconsistently applied by different police forces and unclear. For future use of fixed penalty notices the Government should … Read more
Ministry of Justice
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29 Conclusion
4th Report - Covid-19 and the crim…
For covid-19 related offences a recipient of a fixed penalty notice, who does not pay...
For covid-19 related offences a recipient of a fixed penalty notice, who does not pay the fine within 28 days should be told promptly if a police force decides not to charge. A recipient of a fixed penalty notice should … Read more
Government Response
Government agrees that it is important to ensure that in an emergency the House of Commons is able to scrutinise the use of secondary legislation in a timely fashion. The … Read more
Ministry of Justice
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30 Recommendation
4th Report - Covid-19 and the crim…
In response to this report the Government should provide us with data on the number...
In response to this report the Government should provide us with data on the number of covid-19 related single justice procedure cases, which includes data on the outcome of the cases and the level of fine imposed.
Ministry of Justice
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31 Conclusion
4th Report - Covid-19 and the crim…
A central lesson from the covid-19 pandemic is the enduring impact that pandemics can have...
A central lesson from the covid-19 pandemic is the enduring impact that pandemics can have on our criminal justice system and courts. In response to the pandemic the Government was right to look for ways to reduce pressure on the … Read more
Government Response
While the Criminal Procedure Rules oblige courts to give certain additional information on cases upon request from the media and other interested third parties, courts are currently obliged to give … Read more
Ministry of Justice
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32 Conclusion
4th Report - Covid-19 and the crim…
However, given the relatively small number of covid-19 cases and their public importance, we do...
However, given the relatively small number of covid-19 cases and their public importance, we do not think that all covid-19 offences in the regulations should necessarily have been specified to allow the procedure to be used. The use of the … Read more
Government Response
It is a matter for prosecutors to decide whether it is appropriate to prosecute a defendant under the SJP, and work was done quickly with police forces and court staff … Read more
Ministry of Justice
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33 Recommendation
4th Report - Covid-19 and the crim…
A lesson learnt from the pandemic is that the Ministry of Justice should review the...
A lesson learnt from the pandemic is that the Ministry of Justice should review the transparency of the single justice procedure and consider how the process could be made more open and accessible to the media and the public.
Ministry of Justice
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34 Recommendation
4th Report - Covid-19 and the crim…
The Government should also conduct a review of the use of the single justice procedure...
The Government should also conduct a review of the use of the single justice procedure in covid-19 cases. The review should consider the relative complexity of different covid-19 cases and whether it was appropriate for more complex cases to be … Read more
Ministry of Justice
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Correspondence 7 letters
28 Jun 2022 From committee Letter to Dominic Raab MP, Lord Chancellor and Secretary of State for Justice, dated 21 June 2022, regarding Covid-19 and the criminal law
Parliament page
14 Jun 2022 To committee Letter from Dominic Raab MP, Lord Chancellor and Secretary of State for Justice, dated 9 June 2022, on Covid-19 and the Criminal Law Report response
Parliament page
8 Jun 2022 From committee Letter to Lord Chancellor and Secretary of State for Justice, dated 25 May 2022, regarding Covid-19 and the criminal law
Parliament page
22 Feb 2022 To committee Letter from Lord Chancellor and Secretary of State for Justice, dated 7 February 2022, on government responses to Covid-19 and the Criminal Law report and the Coroner Service report
Parliament page
13 Jul 2021 Letter dated 24 June 2021 from Lord Wolfson QC, Parliamentary Under-Secretary of State, Ministry of Justice, on Limitation period for prosecutions under coronavirus regulations
Parliament page
13 Jul 2021 Letter dated 4 May from Lord Wolfson QC, Parliamentary Under-Secretary of State for Justice, on Limitation period for prosecutions under coronavirus regulations
Parliament page
8 Jul 2021 Letter dated 30 June 2021 from Lord Wolfson QC, Parliamentary Under-Secretary of State on Funding for not-for-profit providers of legal advice
Parliament page