Conservative MPs are among a group of politicians and campaigners demanding a review of all Covid fines and prosecutions, as partygate puts the “discriminatory” system under greater scrutiny.
A joint letter to the justice secretary, Dominic Raab, said: “There is substantial evidence that thousands of people have been wrongfully fined and even prosecuted unlawfully under coronavirus-related legislation.
“There is also clear evidence that these laws have been applied in a discriminatory fashion. Amid allegations of numerous offences under these same laws in the heart of government, it is vital that decisive action is taken to safeguard the public’s trust in the justice system.”
The prime minister, politicians and civil servants face being punished under the same laws if the Metropolitan Police finds that any of the 12 gatherings under investigation breached the regulations in place at the time.
Officers are reviewing extensive evidence in the case, and giving opportunities to provide written explanations, whereas most of the 120,000 fines given to the public were handed out on the spot.
The letter warned that because there is no formal system to appeal Covid fines, innocent people are forced to pay penalties for crimes they did not commit, or risk criminal prosecution by refusing them.
Conservatives David Davis, Steve Baker and Marcus Fysh were among more than 40 MPs and peers who signed the letter, including those from Labour, the Liberal Democrats and Green Party.
It was also backed by campaign groups such as Fair Trials and Big Brother Watch, and several barristers who have represented people wrongly handed Covid fines.
The letter called for Mr Raab to instigate an urgent review of all historic and ongoing fines and prosecutions under the Health Protection Regulations, which enforced lockdowns and other restrictions, and the separate Coronavirus Act.
A review by the Crown Prosecution Service (CPS) has so far uncovered 803 wrongful prosecutions – 21 per cent of those under the regulations and every single one under the act.
“We are not aware of any law in history that has an accompanying 100 per cent unlawful prosecution rate,” the letter said.
“If, in line with the unlawful rate of prosecutions found by the CPS, 21 per cent of the 118,963 fines recorded in England and Wales were unlawfully issued, this would account for almost 25,000 unlawfully issued fines. This represents serious injustice that must be investigated and remedied.”
The true proportion of unlawful prosecutions could be far higher, because the CPS review does not cover those under the Single Justice Procedure.
The process, originally designed for minor driving offences, are decided by a single magistrate, behind closed doors and with no legal representation for defendants.
More than 7,000 coronavirus-related offences had been heard under the procedure, and if the error rate is the same as that in open court hearings, there would be more than 2,000 additional miscarriages of justice.
Almost nine in 10 people dealt with under the Single Justice Procedure never respond to official notices, meaning they may not even be aware that they have been charged.
“Hundreds and likely thousands of people have therefore been convicted and fined for coronavirus-related offences in their absence, without any checks or balances,” the letter said.
The government has previously refused to review Covid fines, and failed to act on calls to prevent further miscarriages of justice.
Ministers have not implemented official recommendations by parliamentary committees to ensure that people can challenge fines of up to £10,000 without ending up in court.
Griff Ferris, the legal and policy officer at Fair Trials, said: “The criminal justice response to the pandemic has been discriminatory, with black, Asian and ethnic minority people fined disproportionately more than white people. It has also been, in many cases, unlawful.
“It’s deeply unjust that so many people have been criminalised and financially penalised by racist and inconsistent policing, and unlawful, opaque, and unchecked prosecutions. People deserve justice, and that means refunding fines, withdrawing prosecutions, and deleting criminal records.”
Silkie Carlo, the director of Big Brother Watch, accused the government of “throwing the country into a rule of law crisis”.
“Urgent action is needed to protect justice,” she added. “It is an insult and grave injustice for innocent people who have found themselves wrongly criminalised, whilst allegations of law-breaking engulf Downing Street.”
The letter called for a review of Covid fines, and for those found to be wrong to be withdrawn and repaid. It said wrongful convictions should be rescinded and criminal records deleted.
