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
8 results
1
Conclusion
Not Addressed
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 …
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Government Response
The government reiterated its general actions and challenges faced during the pandemic in protecting public health and livelihoods, without specifically engaging with the committee's expression of credit for their efforts.
Ministry of Justice
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2
Conclusion
Not Addressed
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 …
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Government Response
The government reiterated its general actions and challenges faced during the pandemic in protecting public health and livelihoods, without specifically engaging with the committee's commendation for striking a difficult balance.
Ministry of Justice
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4
Recommendation
Not Addressed
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 …
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Government Response
The government outlines its future strategy for managing COVID-19, focusing on removing restrictions, pharmaceutical capabilities, and maintaining resilience, but does not explicitly commit to acting in line with the specific principles and lessons learned from the committee's report.
Ministry of Justice
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11
Conclusion
Not Addressed
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.
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Government Response
The government response broadly describes its actions during the pandemic but does not specifically address the committee's observation regarding Parliament's responsibility for ensuring democratic legitimacy in criminalisation.
Ministry of Justice
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23
Recommendation
Not Addressed
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 …
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Government Response
The government repeated the committee's recommendation for a review of fixed penalty notices for COVID-19 offences but did not explicitly commit to conducting such a review. Instead, it described the existing policing approach and the role of FPNs during the pandemic.
Ministry of Justice
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24
Conclusion
Not Addressed
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 …
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Government Response
The government acknowledges regrettable charging errors under the Coronavirus Act, explaining the CPS is conducting an ongoing review of finalised cases and found the overall error rate was not unduly high. However, it does not explicitly state how this will inform future pandemic planning regarding the role of criminal law as suggested by the conclusion.
Ministry of Justice
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29
Recommendation
Not Addressed
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 …
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Government Response
The government response does not address the recommendation, instead discussing the scrutiny of secondary legislation and the challenges of legislating for COVID-19 at an exceptional pace.
Ministry of Justice
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31
Conclusion
Not Addressed
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 …
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Government Response
The government's response outlines existing provisions for media access and transparency in Single Justice Procedure (SJP) cases, stating the Ministry of Justice does not agree with an unstated recommendation related to the report, but assures continued work with the media.
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