Meanwhile, it seems that people like myself who have accused the government of slapdash amateur hour legislation over covid (as it it was all about style over substance) might be interested ...
Given some of the comments on MN, this could be an interesting bunfight ...
www.thetimes.co.uk/edition/news/cps-will-review-every-charge-under-coronavirus-law-0l37rsg8f
Prosecutors are reviewing every charge brought under new emergency
coronavirus laws after wrongful convictions were highlighted by The Times.
Senior lawyers at Crown Prosecution Service headquarters are re-examining
every charge, conviction and sentence brought under the new legislation.
Several cases are being re-listed so they can be overturned after being
found to have been incorrectly prosecuted.
The CPS said that it is the first time it has ever launched a review of
every charge under a specific piece of legislation. The move reflects
concern over the new and widespread powers given to the state amid the
coronavirus crisis.
Campaigners at Big Brother Watch, the privacy group, have said that the
laws have entailed “the greatest loss of liberty ever imposed on the
British public”, yet did not receive full parliamentary scrutiny or
oversight.
Concerns have been raised over “heavy handed” policing, including drones
pursuing walkers in the Peak District, or people in their front gardens
being ordered indoors by officers.
The decision to review all charges was made soon after it was revealed
that the first conviction on the railways under the Coronavirus Act was
wrongly prosecuted. British Transport Police had the case of Marie Dinou,
41, of York, re-listed and overturned, after The Times pointed out that
the wrong section of the wrong act had been used to charge, convict and
sentence her.
Senior lawyers at the CPS became concerned at how “in a democracy, these
are such exceptional powers for the police to be given, they only came in
within a few days, we felt there would have to be extra work to make sure
they were being used appropriately.”
Training on new laws is being delivered to prosecutors and staff in the
CPS.
A spokesman said: “These are exceptional powers. We need to make sure they
are being applied consistently and lawfully.” He added: “We are working
with all police forces and prosecutors to make sure the new Coronavirus
Act and Regulations are being correctly applied. Unlawful charges are
being withdrawn by prosecutors in court and we are asking for any wrongful
convictions to be overturned.”
Two tranches of legislation were brought in in March to deal with the
virus outbreak: the Coronavirus Act, primarily to deal with potentially
infected persons, and the Health Protection Regulations, which are largely
concerned with restricting movement.
Police forces have been using the powers relating to potentially infected
persons to arrest and charge people despite no indication that they were
ill, when they were intending to restrict movement or believed an
individual to be in a public place without an excuse.
In some cases, charges have been withdrawn before going through the
courts. Some are incorrectly charged by police, prosecuted at a
magistrate’s court then sentenced by a district judge.
On Tuesday, The Times highlighted how Lewis Brown, 18, was arrested in
Oxford under Welsh coronavirus laws. He was fined at Oxford magistrates’
court by Kamlesh Rana, the district judge, under the wrong legislation.
Warwickshire police and the Metropolitan Police have also incorrectly
charged individuals who have been prosecuted and sentenced in the courts.
The cases were all overturned. Further wrongful cases have been identified
by the CPS. They are all being withdrawn.
Kirsty Brimelow, QC, who has analysed such wrongful convictions for The
Times, said the review “must be transparent with responsibility fairly
allocated for the failing and remedies prioritised”.
Silkie Carlo, the director of Big Brother Watch, said: “This is a vital
move by the CPS. Criminalisation of behaviours that were entirely ordinary
and lawful just weeks ago should be a last resort in this pandemic as
criminal records can change people’s lives.
“This unprecedented review is a reflection of how these draconian
emergency powers risk confusion, criminalisation and unduly stripping
people of their liberty.”
A National Police Chiefs’ Council spokesman said it provided guidance and
training materials to assist officers