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
6 results
13
Recommendation
Rejected
Para 30
The Ministry of Justice has undertaken to write to this Committee whenever it introduces a...
Recommendation
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 …
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Government Response Summary
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
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20
Recommendation
Rejected
Para 54
Fixed penalty notices have an established a role in our legal system, for example for...
Recommendation
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 …
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Government Response Summary
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
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21
Recommendation
Rejected
Para 59
A £10,000 fine for a criminal offence is a penalty so large that only a...
Recommendation
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 Summary
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
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32
Recommendation
Rejected
Para 90
However, given the relatively small number of covid-19 cases and their public importance, we do...
Recommendation
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 …
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Government Response Summary
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
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33
Recommendation
Rejected
Para 91
A lesson learnt from the pandemic is that the Ministry of Justice should review the...
Recommendation
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 Summary
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
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34
Recommendation
Rejected
The Government should also conduct a review of the use of the single justice procedure...
Recommendation
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 …
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Government Response Summary
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
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