Question to the Home Office:

To ask Her Majesty's Government whether a person knowing that they are carrying COVID-19, and knowing that they may be at risk of transmitting the virus to another person with or without the intention to cause harm, could be charged with assault.

Self-isolation is a vitally important weapon in the battle against the spread of the virus, it ensures that friends, family, community, and NHS are protected. Therefore, a new legal duty was introduced in September 2020 requiring a person in England to self-isolate for 10 days if they tested positive for the COVID-19.

To increase compliance and ensure our domestic self-isolation regime is effective failure to self-isolate can result in an FPN of £1000 for the first offence. This increases to £2000 for a second offence, £4000 for a third offence and £10,000 for a fourth and any subsequent offence. Failure to pay a Domestic Self-Isolation Fixed Penalty Notice can be subject to criminal proceedings.

There may be some circumstances where someone could be charged with assault by risking harm to others in passing on COVID-19 but such charging decisions would be for the Crown Prosecution Service to consider.