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On Wednesday 25th March 2020 the Coronavirus Bill completed all its parliamentary stages, and Royal Assent was signified, bringing in to force an unprecedented piece of emergency legislation.

The purpose of the Coronavirus Act is to enable the Government to respond to an emergency situation and manage the effects of a covid-19 pandemic.

A severe pandemic could infect up to 80% of the population leading to a reduced workforce, increased pressure on health services and death management processes.

The Act contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts.

The Act aims to support Government in the following:

• Increasing the available health and social care workforce
• Easing the burden on frontline staff
• Containing and slowing the virus
• Managing the deceased with respect and dignity
• Supporting people

What are the changes?

The efficiency and timeliness of court and tribunal hearings will suffer during a covid-19 outbreak. Restrictions on travel will make it difficult for parties to attend court and without action a significant number of hearings and trials are likely to be adjourned.

In criminal proceedings, the courts have a duty to deal with cases effectively and expeditiously and that includes making use of technology such as live video links, telephone or email where this is lawful and appropriate.

Video link technology is increasingly being used across the court estate enabling greater participation in proceedings from remote locations. The courts currently have various statutory and inherent powers which enable them to make use of technology.

The Act amends existing legislation so as to enable the use of technology either in video/audio-enabled hearings in which one or more participants appear before the court using a live video or audio link, or by a wholly video/audio hearing where there is no physical courtroom and all participants take part in the hearing using telephone or video conferencing facilities.

Health Protection Regulations

The Act permits ministers to create new criminal offences by regulations issued under existing public health legislation. Such offences are to be triable summarily only and may not be punished with imprisonment.

Enforcement Powers

The Act provides for various enforcement orders to ensure public health and safety are maintained; violation of these orders, including obstruction etc. will be a criminal offence. Many of the emergency powers under the Act can result in criminal sanction if lawful directions are not obeyed.

Infected persons

Schedule 20 of the Act provides for screening and quarantining of infected persons (or persons suspected to be infected).

In enforcing schedule 20 powers (and similar provisions apply to other powers), a constable may:-

• use reasonable force;
• enter any place; and
• give reasonable instructions to the person (though he must inform the person that informing him of the reason for the instruction that it is an offence to fail to comply).

Events, gatherings and premises

Schedule 21 covers events, gatherings and premises.

The provisions give the Secretary of State the power to prohibit or restrict events and gatherings, and to close premises, if the public health situation deems it necessary.

This streamlines existing legislation in England and Wales, to ensure that powers to prevent events or gatherings can be deployed as quickly as possible in the event this is justified by the evidence.

This can be deployed if, having had regard to the relevant advice, such a prohibition or restriction would:

1. prevent, protect against or control the incidence or transmission of coronavirus, or
2. facilitate the most appropriate deployment of medical or emergency personnel and resources

Conclusion

This legislation has passed through parliament at remarkable speed and with little scrutiny. We are on hand to advise anyone who faces investigation or prosecution as a result of alleged non-compliance.

At all times, we will remain vigilant to ensure that the State does not abuse emergency legislation.

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A note to legal representatives from HHJ Dickinson QC as to what to expect at Nottingham Crown Court in the immediate future

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Some useful information to come out of HMCTS this morning to help practitioners and defendants anticipate what is to happen in their cases:

Court plan for the coming week in the East Midlands

If you have a concern about your case then please contact the fee earner responsible.  Although staff are working remotely we intend to keep business as usual as far as possible.

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At 2 pm on Saturday 21 March 2020, a law came into force which forced the closure of some businesses.

This law was enacted by virtue of The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (and mirror regulations that apply in Wales). The statutory instrument was made in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984.

Which businesses must close?

Schedule 1 of the regulations state that the following businesses must close:

Restaurants, including restaurants and dining rooms in hotels or members clubs.

Cafes, including workplace canteens, but not including—

cafes or canteens at a hospital, care home or school;

canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence;

services providing food or drink to the homeless.

Bars, including bars in hotels or members’ clubs.

Public houses.

Cinemas.

Theatres.

Nightclubs.

Bingo halls.

Concert halls.

Museums and galleries.

Casinos.

Betting shops.

Spas.

Massage parlours.

Indoor skating rinks.

Indoor fitness studios, gyms, swimming pools or other indoor leisure centres.

Other business types will likely be added to this list if the government adopts more stringent lock-down measures.

What is the penalty if businesses defy the law?

An unlimited fine can be imposed on the business and any officer of the company who has consented or connived etc. so keeping the business open (regulation 3).

There are, however, other powers available to local authorities who are in charge of policing compliance with these regulations.

Businesses that breach them will be subject to prohibition notices, and potentially unlimited fines. As a further measure, and if needed, businesses that fail to comply could also face the loss of their alcohol license. More draconian powers are also available under the Public Health (Control of Disease) Act 1984, and further powers will soon be law when the Coronavirus Bill becomes law.

In some cases, injunctive relief may be granted, the breach of which could be punished by up to 2 years imprisonment.

There are also reputational issues that need to be considered.

We can advise on all aspects of criminal and regulatory law, if any business is uncertain as to its legal obligations during this worrying time, please do not hesitate to get in touch with us.

How can we help?

Breach of this legislation is likely to be treated seriously as it is designed to avert a national crisis.

If you are arrested or know that the police wish to speak to you about an allegation, make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

Alternatively you can contact us using the form below.

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A telephone conference between the Recorder of Nottingham Greg Dickinson QC and local practitioners took place today,  Matters discussed were as follows:

• Nottingham Crown Court has 74 trials listed between now and the end of April.  The majority are 3 days or less.  Of those the split is approximately 50/50 between bail and custody.
• Parties are encouraged to communicate to try and identify cases that can be compromised.
• Cases to be assigned to Judges so that they can be asked for input in appropriate cases.
• 90% of work won’t require a jury.  The court and practitioners should be concentrating on those cases that we can do.
• Use of telephone, skype and video link will be used to avoid attendance of as many people as possible if trials run.
• There was perhaps a general acceptance that trials, whatever their length, are not going to take place.
• The court is to consider the operation of a 24 hour emergency number for parties to use to notify the court if there are problems which mean hearings will not be effective to avoid unnecessary attendance of witnesses, jurors etc.
• It is envisaged that the government will enact legislation to suspend custody time limits.
• The principle concern will be the health of all participants in the court system.

If shorter trials are to continue then:

• the court will endeavour to list matters to convenience of advocates.
• the court will not bring trial matters forward without full discussion with the parties.
• consideration to be given to advocates not to have to be robed and wigged to avoid having to use the robing room.

It is likely that all cases listed for trial next week will be listed for Mention on Monday without the need for witnesses and jurors for further directions to be given.

A further meeting has been fixed for Monday 23 March to consider next steps.