Covid-19 and the criminal law
Justice Committee
Closed
Inquiry
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 …
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21
Recommendations
13
Conclusions
1
Report
7
Letters
2
Events
Activity timeline 10 events
8 Sep
2022
2022
28 Jun
2022
2022
14 Jun
2022
2022
8 Jun
2022
2022
22 Feb
2022
2022
24 Sep
2021
2021
Report published
13 Jul
2021
2021
13 Jul
2021
2021
8 Jul
2021
2021
20 Apr
2021
2021
Formal meeting · Virtual meeting
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| 4th Report - Covid-19 and the criminal law | HC 71 | 24 Sep 2021 | 34 | Responded |
Recommendations & Conclusions
10 results
5
Conclusion
Accepted
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 asserts that its response to the COVID-19 pandemic was cross-governmental from the outset, detailing the various coordinating committees and taskforces established to manage the response.
Ministry of Justice
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6
Recommendation
Accepted
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 …
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Government Response
The government accepted the recommendation, stating it will update its guidance for departments to ensure the Ministry of Justice is consulted on new or amended criminal offences and penalties, including outlining standard timeframes and procedures for urgent situations. Updated guidance will be published in due course.
Ministry of Justice
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7
Recommendation
Accepted
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 …
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Government Response
The government accepted the recommendation, stating it will update its guidance for departments to ensure the Ministry of Justice is consulted on new or amended criminal offences and penalties, including outlining standard timeframes and procedures for urgent situations. Updated guidance will be published in due course.
Ministry of Justice
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17
Conclusion
Accepted
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 …
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Government Response
The government states it has consistently evolved its approach to clearly distinguish between law and guidance, using terms like 'must' and 'should', and continues extensive efforts through public information campaigns and engagement with policing partners to ensure clear understanding and lawful enforcement.
Ministry of Justice
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22
Recommendation
Accepted
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 …
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Government Response
The government defends the use of Fixed Penalty Notices (FPNs), stating they were not the primary driver of behavior, and details their existing robust process for assessing transmission risk, proportionality, deterrent impact, and stakeholder engagement when creating offences and penalties.
Ministry of Justice
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25
Conclusion
Accepted
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 …
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Government Response
The government commits to conducting a review of COVID-19 fixed penalty notices, which will examine their effectiveness, alternative enforcement options, and whether their use should be limited to certain offences.
Ministry of Justice
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26
Recommendation
Accepted
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 …
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Government Response
The government provided specific data on paid and unpaid Fixed Penalty Notices and the total number of COVID-19 prosecutions for 2021. It stated that data on cases where police decided not to prosecute or where no decision was taken is not held centrally.
Ministry of Justice
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27
Recommendation
Accepted
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 …
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Government Response
The government (via ACRO) states that information on contesting a fixed penalty notice, including that it triggers a police review and may not result in prosecution, is already clearly available on the ACRO website and in FPN letters.
Ministry of Justice
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28
Recommendation
Accepted
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 …
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Government Response
The government states that existing processes allow FPN recipients to contest the penalty without immediate consequences, and that this is made clear in the letters issued, outlining the various routes for challenge.
Ministry of Justice
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30
Recommendation
Accepted
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.
Government Response
The government accepts the recommendation and provides data on 23,983 COVID-19 related prosecutions in 2021, with 20,318 convictions, almost all resulting in fines with an average of £1,001.
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