By Eric King-
Dozens of people in the UK have been wrongly charged by police under a new coronavirus law, the Crown Prosecution Service (CPS) has announced today
The CPS said that all 44 charges brought under the Coronavirus Act allowing officers to remove or detain a “suspected infectious person” for screening and assessment since it was brought in on March 27 were incorrect.
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It claimed that 12 charges under the Health Protection Regulations 2020 which give powers to break up gatherings and fine people breaching restriction of movement rule were wrongly applied.
The figures come following a CPS review of all 231 police charges under coronavirus legislation in England and Wales – which includes both the Coronavirus Act and Health Protection Regulations – up to the end of April where the prosecution has either been stopped or ended in a conviction.
The CPS said the vast majority of prosecutions under the Regulations – 175 out of 187 – were charged correctly, the CPS said. Seven cases were discontinued in court on the day of the defendant’s appearance and five convictions were returned to be re-opened and withdrawn.
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Errors usually involved Welsh regulations being applied in England or vice versa. However, The CPS said all 44 charges were incorrect because they did not cover potentially infectious people, which is what the legislation is intended for.”
The CPS said 38 of the 44 charges had been brought alongside other offences, including assaults on emergency workers, theft and burglary, while 31 of the wrongful charges were withdrawn in court, with 13 wrongful convictions returned to court to be withdrawn.
Committed
Gregor McGill, CPS Director of Legal Services, said: “The coronavirus pandemic is the most serious public health emergency this country has faced in living memory and has resulted in the criminal justice system being given exceptional powers to help keep us all safe.
“The CPS and our police colleagues are committed to ensuring our use of these new powers strikes the correct balance between public safety and acting in the interests of justice.
“In such a fast-moving and unprecedented situation, it is important there are safeguards to assist police and prosecutors in applying these laws correctly.
“That is why senior lawyers within the CPS have been reviewing every prosecution brought under the Coronavirus Act and Regulations since they came into force. We will continue to do for as long as the situation continues.
“I am confident the measures we have put in place will enhance the consistency of charging decisions across the country and ensure a fair criminal justice response for all as we adjust to these challenging times.”
Of those 13, some 11 were substituted with charges under the regulations.
Finalised
The CPS review covers all finalised cases where a prosecution has either been stopped or a guilty plea entered and accepted. In addition, the CPS has put in place an internal safeguard which means any charge under this legislation must be now reviewed by a supervising lawyer before being called on in court.
Martin Hewitt, National Police Chiefs’ Council chair, said:
“These were unprecedented circumstances in which officers were presented with new powers within days of them being announced. This has all been done at pace and everyone in the Criminal Justice System has had to deal with a new body of legislation which has undoubtedly led to some confusion.
“We apologise for the mistakes but all parties have worked hard to manage this new legislation as effectively as they can and to keep the public safe.
“It is right that any errors have been quickly identified and are being corrected through the CPS’s review process, and are also prevented by the additional safeguards now in place. Officers have received additional guidance on the correct use of legislation. We will of course continue to apply learning as we move forward through the current health emergency.”
It comes as the National Police Chiefs’ Council said more than 14,000 fines have been issued for flouting Covid-19 lockdown rules.
Provisional data released on Friday shows 13,445 fixed penalty notices (FPNs) have been recorded by forces in England between March 27 and May 11, while 799 were issued in Wales in the same period – a total of 14,244.
The fines were all handed out before lockdown regulations were relaxed in England from Wednesday, with penalties set at £60, reduced to £30 if paid within two weeks – with the fine doubled for each repeat offence up to a £960 maximum.
Higher fines can now be imposed in England – £100, reduced to £50 if paid within 14 days and rising to a maximum of £3,200 for subsequent offences.
“These included people driving from London to Leicester for a party, groups drinking and misbehaving in the park, and other groups hanging around the town centre after being asked to go home by police on several occasions,” he said.
“Under the Act, all 44 charges were incorrect because they did not cover potentially infectious people, which is what the legislation is intended for.”
He said 38 of the 44 charges had been brought alongside other offences, including assaults on emergency workers, theft and burglary, while 31 of the wrongful charges were withdrawn in court.
Some 13 resulted in wrongful convictions, said to have typically been dealt with by “financial penalties”.
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