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10 September 2020 / Hannah Williams , Samantha Ball
Issue: 7901 / Categories: Features , Covid-19 , Criminal
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COVID-19: Reckless transmission

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Hannah Williams & Samantha Ball look at the potential criminal offences that could be charged in respect of the deliberate or reckless transmission of the COVID-19 virus
  • In principle, transmitting COVID-19 either recklessly or intentionally could be charged as an offence against the person under s 18 or s 20. A person is more likely to face prosecution for transmitting COVID-19 if they know they have it.
  • Coughing recklessly and not abiding by government social distancing or lockdown guidance might constitute recklessness in some circumstances following the case of R v Dica. If a defendant can be shown to have taken steps to control the virus, it follows that they may be less likely to be prosecuted.
  • Two men have already been prosecuted for assaulting emergency workers after deliberately coughing and spitting at police officers, which indicates that the public interest would be best served by charging intentional assaults, particularly against key workers.

 


 

In these difficult and uncertain times, it is crucial that the law is

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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