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1260467
registered interest false remove filter
date less than 2020-12-10more like thismore than 2020-12-10
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice more like this
hansard heading Prosecutions: Coronavirus remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what safeguards they have put in place to ensure equitable outcomes for prosecutions using the single justice procedure introduced during the COVID-19 pandemic. more like this
tabling member printed
Lord Scriven more like this
uin HL11377 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2020-12-22more like thismore than 2020-12-22
answer text <p>No additional safeguards have been put in place for Single Justice Procedure cases due to the COVID-19 pandemic. A case dealt with under the Single Justice Procedure is dealt with in the same way as any other case, except that a single magistrate can deal with it (rather than two) and the hearing need not be in public. Therefore, the magistrate must comply with the same legislative safeguards as all other proceedings, and the Sentencing Council Sentencing Guidelines apply in the same way.</p><p>In addition, the Single Justice Procedure has a number of further safeguards in place. All defendants can veto the procedure and insist on a hearing in open court. In addition, the magistrate can decide to refer the case to open court if they deem the case is not appropriately dealt with using the Procedure. As with any conviction and sentence by a magistrates’ court, the defendant has the right of appeal against conviction and sentence to the Crown Court.</p><p>If a defendant was unaware of the proceedings they are entitled to make a statutory declaration which revokes the conviction and recommences the proceedings.</p>
answering member printed Baroness Scott of Bybrook more like this
question first answered
less than 2020-12-22T16:42:13.703Zmore like thismore than 2020-12-22T16:42:13.703Z
answering member
4553
label Biography information for Baroness Scott of Bybrook more like this
tabling member
4333
label Biography information for Lord Scriven more like this
1239865
registered interest false remove filter
date less than 2020-10-01more like thismore than 2020-10-01
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Prosecutions: Coronavirus remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government how many successful prosecutions have taken place under the Coronavirus Act 2020 as a result of court proceedings. more like this
tabling member printed
Lord Robathan more like this
uin HL8683 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2020-10-14more like thismore than 2020-10-14
answer text <p>The main criminal offence under the Coronavirus Act relates to potentially infectious persons who refuse to co-operate with the police or public health officers, when they are required to be screened for COVID-19.</p><p> </p><p>There have been no successful prosecutions of any offence created by the Coronavirus Act 2020. A review of completed prosecutions to the end of August 2020 show that 141 cases were incorrectly charged under the Act; because there was no evidence they applied to potentially infectious people, which is what this law covers.</p><p> </p><p>However, data on prosecutions under the Health Protection (Coronavirus) Regulations 2020 shows that under the Regulations there have been 227 prosecutions resulting in guilty pleas, and 6 prosecutions found guilty after trial to the end of August. Data released by the National Police Chiefs Council also shows that 18,912 Fixed Penalty Notices have been issued under the Regulations between 27 March and 21 September by police forces across England and Wales.</p>
answering member printed Baroness Scott of Bybrook more like this
question first answered
less than 2020-10-14T14:13:04.793Zmore like thismore than 2020-10-14T14:13:04.793Z
answering member
4553
label Biography information for Baroness Scott of Bybrook more like this
tabling member
334
label Biography information for Lord Robathan more like this