Recommendations & Conclusions
34 items
1
Conclusion
4th Report - Covid-19 and the criminal …
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 seen in recent times. We therefore give credit to the …
Government response. The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods.
Ministry of Justice
2
Recommendation
4th Report - Covid-19 and the criminal …
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 behaviour in ways incompatible with the fundamental values of our …
Government response. The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods.
Ministry of Justice
3
Conclusion
4th Report - Covid-19 and the criminal …
However, the creation and enforcement of any new criminal offence must be compatible with widely understood principles of the rule of law. Ensuring that those principles are upheld serves to enhance understanding of and compliance with the law, which is essential to achieving positive public health outcomes and to save …
Government response. The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods. The response to the pandemic has required changes to our laws. Legal changes …
Ministry of Justice
4
Conclusion
4th Report - Covid-19 and the criminal …
At the time of publication of this report, we recognise that almost of all of the covid-19 restrictions we refer to are no longer in force.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 would urge the Government to act in line with the …
Government response. The Government’s objective in the next phase of the response is to enable the country to manage COVID-19 like other respiratory illnesses, while minimising mortality and retaining the ability to respond. This includes removing the last domestic legal restrictions in …
Ministry of Justice
5
Conclusion
4th Report - Covid-19 and the criminal …
A central lesson from the covid-19 pandemic is that future responses to pandemics needs to be cross-governmental from the outset, and not just led out of an individual department, such as in this case the Department for Health and Social Care.
Government response. The Government’s response to the COVID-19 pandemic has been cross-governmental from the outset. Government’s decision-making mechanisms evolved to meet the demands of the pandemic. In line with its role as the mechanism through which the Government makes decisions in emergencies, …
Ministry of Justice
6
Conclusion
4th Report - Covid-19 and the criminal …
Another lesson is that the Ministry of Justice should have greater oversight over the creation of criminal offences in response to public health emergencies, including a pandemic. As government guidance states, the Ministry of Justice should be consulted on the creation of new criminal offences to ensure they are proportionate …
Government response. Government departments regularly consult the Ministry of Justice when they seek to create new, or amend existing, criminal offences or penalties. The Ministry of Justice does not take ownership of the entire spectrum of the criminal law, nor is it …
Ministry of Justice
7
Recommendation
4th Report - Covid-19 and the criminal …
The Government should update its guidance on the creation of new criminal offences for all departments to clarify that the Ministry of Justice should as a rule be consulted. While circumstances may conceivably arise in which the need for a speedy response may temporarily suspend that need, as may have …
Government response. Government departments regularly consult the Ministry of Justice when they seek to create new, or amend existing, criminal offences or penalties. The Ministry of Justice does not take ownership of the entire spectrum of the criminal law, nor is it …
Ministry of Justice
8
Recommendation
4th Report - Covid-19 and the criminal …
We support the creation of the UK Health Security Agency as a new body designed to ensure the nation can respond quickly and at greater scale to future pandemics. In line with Lord Wolfson’s suggestion that expertise in the criminal law needs in future to be brought into pandemic planning, …
Government response. The UK Health Security Agency (UKHSA) is the country’s public health agency, responsible for protecting every member of every community from the impact of infectious diseases, chemical, biological, radiological and nuclear incidents and other health threats. It provides intellectual, scientific …
Ministry of Justice
9
Recommendation
4th Report - Covid-19 and the criminal …
Given the central role that new covid-19 related offences and lockdown laws played in protecting public health, we recommend that the Government commission a study, to be conducted by the UK Health Security Agency or other relevant body, into the role of the criminal justice system in protecting public health …
Government response. The UK Health Security Agency (UKHSA) is the country’s public health agency, responsible for protecting every member of every community from the impact of infectious diseases, chemical, biological, radiological and nuclear incidents and other health threats. It provides intellectual, scientific …
Ministry of Justice
10
Conclusion
4th Report - Covid-19 and the criminal …
There has been general recognition of the need to respond very quickly to the changing circumstances of the pandemic, particularly as it began when facts about the virus were not well known. The Government was right to use all the legislative tools at its disposal, as granted by Parliament, in …
Government response. The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods.
Ministry of Justice
11
Conclusion
4th Report - Covid-19 and the criminal …
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.
Government response. The UK Government and the Devolved Governments have responded to unprecedented challenges during the pandemic in order to protect public health, the NHS, save lives, and livelihoods.
Ministry of Justice
12
Recommendation
4th Report - Covid-19 and the criminal …
A lesson from the covid-19 pandemic is that Parliament should play a more active role in the creation, scrutiny and oversight of new criminal offences in response to emergencies. One of the primary functions of parliamentary scrutiny of legislation is to make the legislative process, and the law it creates, …
Government response. Government agrees that it is important to ensure that in an emergency the House of Commons is able to scrutinise the use of secondary legislation in a timely fashion. The biggest challenge of legislating for COVID-19 has been the need …
Ministry of Justice
13
Conclusion
4th Report - Covid-19 and the criminal …
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 and the criminal law of statutory instruments, such as those …
Government response. All statutory instruments are laid in Parliament and available online at www.legislation. gov.uk. It is a matter for each Government department and for select committees to determine how they agree to manage the flow of such information.
Ministry of Justice
14
Conclusion
4th Report - Covid-19 and the criminal …
To facilitate effective scrutiny of new criminal offences in statutory instruments, it would be helpful if the Government would ensure that the accompanying explanatory memorandum should contain a specific section detailing any new offences, the reasons behind their creation, and the justification for the penalty applied. The memorandum should also …
Government response. The Government considers that including a specific heading in the explanatory memorandum for new criminal offences created by a statutory instrument is disproportionate. It is important that the explanatory memorandum is kept as concise as possible, and the introduction of …
Ministry of Justice
15
Conclusion
4th Report - Covid-19 and the criminal …
The Government’s communication of new covid-19 offences created in response to the pandemic was essential to ensuring both that public and law enforcement agencies understood what was prohibited and delivering high levels of compliance.
Government response. We agree that good communication is essential to delivering compliance and protecting public health. Throughout the pandemic the Government has communicated what everyone should do to minimise the risk to themselves, their loved ones and the population as a whole. …
Ministry of Justice
16
Conclusion
4th Report - Covid-19 and the criminal …
We recognise that throughout the pandemic the Government’s priority has been to communicate as clearly as possible to the public what they should and should not do. We also recognise that due to the speed with which legislation needed to be passed, and the complexity of the legislative framework, it …
Government response. Throughout the pandemic, the Government has evolved its approach to communicating clearly the effects of changes made to the law, alongside publication of the legislation and its associated guidance. We have been clear in publishing the guidance and law separately, …
Ministry of Justice
17
Conclusion
4th Report - Covid-19 and the criminal …
However, blurring the line between government guidance and the law has potentially damaging long-term consequences, including for the rule of law. In a free society that respects the rule of law, only legislation can criminalise conduct, and it should be open to a person to decide whether to follow government …
Government response. Throughout the pandemic, the Government has evolved its approach to communicating clearly the effects of changes made to the law, alongside publication of the legislation and its associated guidance. We have been clear in publishing the guidance and law separately, …
Ministry of Justice
18
Conclusion
4th Report - Covid-19 and the criminal …
We recognise that sometimes novel offences were created at speed and that there was inevitably, therefore, some initial uncertainty about their extent and application. The concept of legal certainty is also an essential component of the rule of law. In principle, all restrictions should be cast in terms of sufficient …
Government response. We agree that good communication is essential to delivering compliance and protecting public health. Throughout the pandemic the Government has communicated what everyone should do to minimise the risk to themselves, their loved ones and the population as a whole. …
Ministry of Justice
19
Recommendation
4th Report - Covid-19 and the criminal …
A key lesson from the covid-19 pandemic is the importance of public communication of any new restrictions and criminal offences to delivering compliance and protecting public health. The Government should review how public health guidance and public Covid-19 and the criminal law 35 health regulations are communicated to the public …
Government response. We agree that good communication is essential to delivering compliance and protecting public health. Throughout the pandemic the Government has communicated what everyone should do to minimise the risk to themselves, their loved ones and the population as a whole. …
Ministry of Justice
20
Conclusion
4th Report - Covid-19 and the criminal …
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 society. We recognise that fixed penalty notices played a valuable …
Government response. Effectiveness of Fixed Penalty Notices The British policing model is one of policing by consent and that has not changed. Throughout the pandemic the police have used the 4Es approach: engaging with individuals who are not following the rules, explaining …
Ministry of Justice
21
Conclusion
4th Report - Covid-19 and the criminal …
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 £10k FPNs were introduced for people who organised a gathering contrary to the regulations, that is for those who were committing a more egregious breach of the rules, thereby causing a significant risk to the public’s health. At the …
Ministry of Justice
22
Recommendation
4th Report - Covid-19 and the criminal …
We recognise that, due to the reliance on the Public Health (Control of Diseases) Act as the legislative framework for creating new offences, the Government was limited in its options to create new offences. A lesson from the covid-19 pandemic for future pandemic preparedness is therefore that the Government needs …
Government response. Effectiveness of Fixed Penalty Notices The British policing model is one of policing by consent and that has not changed. Throughout the pandemic the police have used the 4Es approach: engaging with individuals who are not following the rules, explaining …
Ministry of Justice
23
Recommendation
4th Report - Covid-19 and the criminal …
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 public health restrictions during a pandemic; and • whether the …
Government response. 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 …
Ministry of Justice
24
Conclusion
4th Report - Covid-19 and the criminal …
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 criminal law
Government response. It is regrettable that any incorrect charging decisions were made under the Coronavirus Act 2020. The primary issue identified by the Crown Prosecution Service (CPS) was that individuals were erroneously charged under Schedule 21 and 22 of the Act rather …
Ministry of Justice
25
Conclusion
4th Report - Covid-19 and the criminal …
We recognise that the rates of payment for covid-19 related fixed penalty notices are broadly in line with what is expected for other types of fixed penalty notices such as traffic offences. However, given the high profile and pertinent nature of these penalties during the pandemic, we think the public …
Government response. 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 …
Ministry of Justice
26
Recommendation
4th Report - Covid-19 and the criminal …
In its response to this report the Government should provide us with data on: • the number and proportion of fixed penalty notices that have not been paid; • the number of cases where the police have decided not to prosecute or no decision was taken before the expiry of …
Government response. Data on the number of Fixed Penalty Notices (FPNs) paid within the 28-day statutory payment period can be found on the National Police Chiefs’ Council (NPCC) website. The latest figures published on 16 March 2022 and can be found here: …
Ministry of Justice
27
Conclusion
4th Report - Covid-19 and the criminal …
The guidance on ACRO Criminal Records Office’s website is ambiguous. It should be made clearer to reflect the fact that contesting a fixed penalty notice does trigger a review by the relevant police force. If someone has a good reason to suspect that a fixed penalty notice has been issued …
Government response. The guidance is owned and drafted by ACRO Criminal Records Office (ACRO), who have provided the following response: Information on contesting a fixed penalty notice (FPN) is available on the ACRO website. This advises the recipient that, should they opt …
Ministry of Justice
28
Recommendation
4th Report - Covid-19 and the criminal …
We acknowledge the policing Minister’s point about proportionality but are concerned that the review process for covid-19 related fixed penalty notices was inconsistently applied by different police forces and unclear. For future use of fixed penalty notices the Government should ensure that the review process that enables an individual to …
Government response. As set out in the Government Response to the ‘Joint Committee on Human Rights’ (JCHR) Fourteenth Report of Session 2019–21. The Government response to COVID-19: fixed penalty notices’, where an FPN is issued by a police force recipients have the …
Ministry of Justice
29
Conclusion
4th Report - Covid-19 and the criminal …
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 also be told when the limitation period for prosecution will …
Government response. Government agrees that it is important to ensure that in an emergency the House of Commons is able to scrutinise the use of secondary legislation in a timely fashion. The biggest challenge of legislating for COVID-19 has been the need …
Ministry of Justice
30
Recommendation
4th Report - Covid-19 and the criminal …
In response to this report the Government should provide us with data on the number of covid-19 related single justice procedure cases, which includes data on the outcome of the cases and the level of fine imposed.
Government response. In response to the Report’s request for the total number of prosecutions of COVID-19 cases (including single justice procedure cases), please find the below table on the number of prosecutions for COVID-19 offences in 2021, on principal offence basis, broken …
Ministry of Justice
31
Conclusion
4th Report - Covid-19 and the criminal …
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 courts system and to avoid overwhelming the magistrates’ courts with …
Government response. While the Criminal Procedure Rules oblige courts to give certain additional information on cases upon request from the media and other interested third parties, courts are currently obliged to give more information on SJP cases. Special provision has been made …
Ministry of Justice
32
Conclusion
4th Report - Covid-19 and the criminal …
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 single justice procedure to deal with covid-19 offences has been …
Government response. It is a matter for prosecutors to decide whether it is appropriate to prosecute a defendant under the SJP, and work was done quickly with police forces and court staff to reduce error rates in COVID-19 prosecutions. Defendants do not …
Ministry of Justice
33
Recommendation
4th Report - Covid-19 and the criminal …
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. While the Criminal Procedure Rules oblige courts to give certain additional information on cases upon request from the media and other interested third parties, courts are currently obliged to give more information on SJP cases. Special provision has been made …
Ministry of Justice
34
Recommendation
4th Report - Covid-19 and the criminal …
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 specified to allow use of the single justice procedure. This …
Government response. It is a matter for prosecutors to decide whether it is appropriate to prosecute a defendant under the SJP, and work was done quickly with police forces and court staff to reduce error rates in COVID-19 prosecutions. Defendants do not …
Ministry of Justice