Written evidence from Dr Melanie Collard, Brunel University London; Dr Isra Black, University of York; Dr Lisa Forsberg, University of Oxford; Dr Henrique Carvalho, University of Warwick; Dr Anastasia Chamberlen, University of Warwick.
Our summary conclusions are:
- The legal regime for coronavirus restrictions gives rise to significant concern in respect of compliance with the requirements of the ECHR principle of legality.
- The government’s extensive use of criminalisation through the made affirmative procedure has deprived coronavirus restrictions of democratic legitimacy and may have reduced public understanding, acceptance, and trust in the legal response to Covid-19.
- The experience of the response to Covid-19 offers an opportunity to learn lessons about the appropriateness and extent of criminalisation in public health, both in terms of effectiveness and externalities.
- The use of FPNs as the principal tool of criminalisation of Covid-19 offences risks unintended criminalisation, may be counterproductive to public health objectives, and may further entrench inequality and discrimination.
Our evidence considers the law in England only.
Read the full written evidence here.