‘The Coronavirus Act has never been lawfully used’ - Kirsty Brimelow QC, Spiked

There were two pieces of emergency legislation which came into force in late March:
- the Health Protection (Coronavirus, Restrictions) Regulations;
- the Coronavirus Act.
The Coronavirus Act has never been lawfully used. It has been continually misapplied.
The Crown Prosecution Service conducted a review of all charges under the coronavirus laws – both under the regulations and the Coronavirus Act. It found an extremely high percentage of charges made under the coronavirus laws were wrongly brought.
The law has the power to criminalise people. Breaching guidance should not result in criminal prosecution.
The rule of law developed to protect the weak and vulnerable from the strong, and to treat people equally. That has been hard fought for. That equal application of the law cannot be dependent on positions of power. The rule of law is also there to prevent the government from acting illegally. The government cannot subject us to restrictions and punishments unless justified by law.
The laws have come into force with less scrutiny than you would get for a new series on Netflix.
There’s no justification for ongoing revision of law without it going through parliament. The reason why parliament is so important is it raises checks and balances.
Laws are really being used as an exercise of power by police, who are not considering the health and safety aspect.