Select committee: Justice Committee

Conclusion 31

4th Report - Covid-19 and the criminal law Published 24 Sep 2021 Paragraph 89 Addressed to Ministry of Justice
Conclusion (the committee's words)
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 covid-19 related cases. We recognise that the efficiency of the single justice procedure had a role to play in this.

From: Justice Committee, 4th Report - Covid-19 and the criminal law (HC 71), paragraph 89, 24 September 2021

Government response

The government responded to the whole report on 8 September 2022 (deadline 24 November 2021).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government accepts or agrees with some recommendations, including on Ministry of Justice consultation over new offences, disagrees with others, and says it will draw on the public inquiry and existing review work for lessons on future pandemics.

  • On new criminal offences, the government accepts that guidance should be updated so departments consult the Ministry of Justice as a matter of course. The guidance will also set standard response timeframes and cover urgent situations, with publication "in due course".
  • On explanatory memoranda for statutory instruments, it considers a specific heading for new offences "disproportionate". It will instead update existing drafting guidance so the "Policy background" section explains any new offences.
  • On the single justice procedure, the Ministry of Justice states it "does not agree" with the recommendations on transparency and on a formal review of its use in COVID-19 cases, citing existing media access arrangements and safeguards.
  • On fixed penalty notices, it recognises that the regime "presented challenges for enforcement and compliance". It will take this into consideration, with the public inquiry's findings, in planning for future pandemics.

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