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
7 results
3
Conclusion
Acknowledged
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 …
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Government Response
The government described its approach to legal changes during the pandemic, asserting that actions were necessary and proportionate and that restrictions were removed when safe. It also outlined its strategy to move away from regulations to public health measures and guidance.
Ministry of Justice
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8
Recommendation
Acknowledged
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 …
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Government Response
The government acknowledges the need for lessons learned and states central government departments are best placed to consider the criminal justice system's role and ensure relevant expertise is fed into the policy process for future pandemic preparedness. It does not explicitly commit to ensuring UKHSA itself has sufficient criminal law expertise.
Ministry of Justice
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9
Recommendation
Acknowledged
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 …
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Government Response
The government agrees that lessons must be learned from the pandemic experience and will draw on expertise within UKHSA and other bodies. It states central government departments are best placed to consider the criminal justice system's role and is continuing to review measures for future pandemics, but does not explicitly commit to commissioning the specific study recommended.
Ministry of Justice
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10
Conclusion
Acknowledged
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 …
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Government Response
The government acknowledges the committee's observation, stating that the UK and Devolved Governments responded to unprecedented challenges during the pandemic to protect public health, the NHS, and livelihoods.
Ministry of Justice
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12
Recommendation
Acknowledged
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 …
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Government Response
The government agrees on the importance of timely scrutiny for emergency legislation and explains the challenges and measures taken during the pandemic, but does not commit to specific new actions or a formal consideration process for future improvements.
Ministry of Justice
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16
Conclusion
Acknowledged
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 …
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Government Response
The government acknowledges the challenges in communicating clear guidance during the pandemic, stating they have evolved their approach and continue to make efforts to communicate law and guidance as clearly as possible.
Ministry of Justice
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18
Conclusion
Acknowledged
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 …
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Government Response
The government agrees that good communication is essential for compliance and protecting public health, and states they will learn lessons from pandemic communications via the COVID-19 public inquiry for future planning.
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