4th Report - Covid-19 and the criminal law
Select Committee
Justice Committee
HC 71
24 September 2021
Government response
Second Special Report - Covid-19 and the criminal law: Government Response to the Committee’s Fourth Report of Session 2021–22 · published 8 Sep 2022
Recommendations & Conclusions
8 results
1
Conclusion
Not Addressed
Para 5
In considering the Government’s approach to its use of the criminal law during the covid-19...
Conclusion
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 Summary
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
Para 6
The Government’s first priority must be to protect public health and save lives.
Conclusion
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 Summary
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
At the time of publication of this report, we recognise that almost of all of...
Recommendation
At the time of publication of this report, we recognise that almost of all of the covid-19 restrictions we refer to are no longer in force.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 Summary
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
Para 28
Parliament has a responsibility to ensure that any criminalisation has democratic legitimacy.
Conclusion
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 Summary
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
Para 61
The Government should conduct a review of fixed penalty notices for covid-19 offences.
Recommendation
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 Summary
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
The high error rate of charges brought under the Coronavirus Act and the public health...
Conclusion
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 Summary
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
Para 76
For covid-19 related offences a recipient of a fixed penalty notice, who does not pay...
Recommendation
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 Summary
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
Para 89
A central lesson from the covid-19 pandemic is the enduring impact that pandemics can have...
Conclusion
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 Summary
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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