Recommendations & Conclusions
10 items
5
Conclusion
4th Report - Covid-19 and the criminal …
Accepted
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 AI summary
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.
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Ministry of Justice
6
Recommendation
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 and necessary and to consider their impact on the wider justice system. This is as important in a pandemic as in ordinary times, notwithstanding the need to move at pace.
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Government response AI summary
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 …
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Ministry of Justice
7
Recommendation
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 been the case in the early stages of Covid-19 and the criminal law 33 the covid response, the Government should make a clear commitment to undertake the necessary consultation in all but the most exceptional circumstances and to do so retrospectively in the event of new offences being created without the proper procedures having been followed. The Ministry of Justice can play an important role in both ensuring a degree of consistency of approach and identifying the potential impact on the criminal justice system.
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Government response AI summary
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 …
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Ministry of Justice
17
Conclusion
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 guidance. The Government has a responsibility to ensure that the public and the police have a clear understanding of the distinction between guidance and the law.
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Government response AI summary
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.
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Ministry of Justice
22
Recommendation
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 to have a greater range of options at its disposal to introduce public health restrictions swiftly in a proportionate and predictable way. In future the Government should not solely rely upon fixed penalty notices of increasing magnitude to deliver compliance with public health restrictions. For example, given the seriousness of the offence of holding a large unauthorised gathering in a pandemic, the Government should consider developing alternative means of ensuring compliance that does not rely on a fixed penalty notice of £10,000.
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Government response AI summary
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.
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Ministry of Justice
25
Conclusion
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 would be concerned to know that the majority of people who were given a fixed penalty notice were either given the notice in error, or were given one correctly but have escaped any penalty.
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Government response AI summary
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.
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Ministry of Justice
26
Recommendation
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 the limitation period; and • the total number of prosecutions of covid-19 cases including single justice procedure cases.
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Government response AI summary
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.
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Ministry of Justice
27
Recommendation
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 in error, they should be made aware of the fact that a contest request will not necessarily result in a prosecution.
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Government response AI summary
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.
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Ministry of Justice
28
Recommendation
4th Report - Covid-19 and the criminal …
Accepted
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 …
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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 challenge a notice without risking a criminal prosecution or incurring additional costs is clearly and consistently articulated.
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Government response AI summary
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.
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Ministry of Justice
30
Recommendation
4th Report - Covid-19 and the criminal …
Accepted
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 AI summary
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.
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Ministry of Justice