Barrister: "All prosecutions under the Coronavirus Act have been unlawful"

© Jeff Dalton Laura Jane Miller, Red Lion Chambers, explains the mistakes made when prosecuting under the Coronavirus Act Ordinary members of the public have been wrongly criminalised due to an inherent lack of understanding of the law by enforcement authorities. This is the finding of a recent review by the Crown Prosecution Service. On 25th March 2020 the Coronavirus Act 2020 came into force and The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 followed suit on 26th March 2020. Cumulatively, the legislation provided new and unprecedented powers to the police and immigration enforcement officials, in an attempt to stop the spread of COVID-19. The Act and the Regulations provide separate powers for two distinct groups – the Act is designed to assist health care professionals and applies only to persons suspected of being infectious. The Regulations, on the other hand, are designed to enforce lockdown and social distancing rules imposed upon the public. The …