Criminalisation and Covid-19: examining the use of the criminal law as a response to the pandemic

Hilland, Jamie (2026) Criminalisation and Covid-19: examining the use of the criminal law as a response to the pandemic. LL.M(R) thesis, University of Glasgow.

Abstract

This thesis seeks to examine the use of the criminal law as a response to the Covid-19 pandemic in Scotland. The onset of the pandemic resulted in extraordinary restrictions on civil liberties, made enforceable through criminalisation of ordinary social activity.

A wealth of academic literature exists on the proper scope and limits of the criminal law, seeking to identify principles to guide legislators in deciding what conduct should, or should not, be criminalised. It is therefore surprising that so little attention has been paid by criminal lawyers and theorists to this unprecedented expansion in the criminal law. These theoretical perspectives can provide a framework for examining criminalisation in this context: by providing a normative basis for analysing whether and how these offences might be justified, and against which to review how these were used in practice.

Whilst the existence of these offences was itself significant, given the scope of their prohibitions, an account of Covid-19 criminalisation which focused only on the content of legislation would be an inherently limited one. The new offences created cannot be fully understood without seeking to understand the approach taken by those charged with their enforcement. To that end, empirical research has been undertaken in the form of a case review exercise authorised by the Crown Office and Procurator Fiscal Service. This provides the most comprehensive examination of the reporting and prosecution of these offences in Scotland which has been attempted to date.

A number of trends emerge from this research, which are set out and analysed. The findings from the empirical research are then drawn together, along with insights from criminal law theory, to reflect upon how the rationale for criminalisation was understood, and to explore the implications for future practice.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Additional Information: Supported by funding from COPFS.
• Subjects: K Law > KD England and Wales > KDC Scotland
• Colleges/Schools: College of Social Sciences > School of Law
• Funder's Name: COPFS
• Supervisor's Name: Chalmers, Professor James and Keane, Mr. Eamon
• Date of Award: 2026
• Depositing User: Theses Team
• Unique ID: glathesis:2026-86277
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 23 Oct 2026 14:08
• Last Modified: 23 Oct 2026 14:08
• Thesis DOI: 10.5525/gla.thesis.86277
• URI: https://theses.gla.ac.uk/id/eprint/86277