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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