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 …
Read more
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
6 results
13
Recommendation
Rejected
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
The government rejects the recommendation for all departments to proactively inform select committees of significant statutory instruments. It states that all SIs are publicly available and managing information flow is a matter for individual departments and committees to determine.
Ministry of Justice
View details
20
Recommendation
Rejected
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
The government explains its rationale for using Fixed Penalty Notices during the pandemic, highlighting the due diligence process undertaken to ensure offences and penalties were proportionate and effective in reducing transmission.
Ministry of Justice
View details
21
Recommendation
Rejected
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 government justifies the £10,000 FPNs by explaining their role as a deterrent for egregious breaches and describes the existing discretionary review and challenge processes available to recipients.
Ministry of Justice
View details
32
Recommendation
Rejected
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
The government rejects the implicit recommendation for a formal review of the Single Justice Procedure for COVID-19 cases, stating that safeguards are in place, the procedure is continually being improved, and there is no evidence of higher error rates.
Ministry of Justice
View details
33
Recommendation
Rejected
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.
Government Response
The Ministry of Justice does not agree with the recommendation to review the transparency of the single justice procedure, stating current arrangements, including the HMCTS Media Protocol and online lists, already provide sufficient transparency.
Ministry of Justice
View details
34
Recommendation
Rejected
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
Government Response
The government rejects the recommendation for a formal review of the Single Justice Procedure in COVID-19 cases, stating that safeguards are in place and the Ministry of Justice is continuously reviewing and improving the general SJP process.
Ministry of Justice
View details
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