4th Report - Covid-19 and the criminal law

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.