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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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