Coronavirus restrictions and impaired decision-making capacity – the CPS approach

Although the CPS’s guidance as to prosecutions in relation to offences under The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 is entirely silent as to the position of those with impaired decision-making capacity, thanks to the efforts of the Law Society, some useful clarification as to their approach in relation to such individuals has been obtained, and can be found on this blogpost here.  It is particularly important that this clarification has been obtained (although unfortunate that the CPS have not, so far, seen fit to update the guidance itself), given that the thrust of the general approach is set out in this passage: 

Given that the offences in the Regulations are related to measures imposed to prevent the spread of infection throughout the UK, and potentially high incidences of serious illness and death, they should be considered serious. A prosecution will therefore likely be required in the public interest in the majority of cases.

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