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| Coronavirus: What powers do the police have? | Coronavirus: What powers do the police have? |
| (6 days later) | |
| Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors. | Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors. |
| The devolved administrations in Scotland, Wales and Northern Ireland set their own separate rules for managing the threat of coronavirus - but in each part of the UK, the police must enforce them. | The devolved administrations in Scotland, Wales and Northern Ireland set their own separate rules for managing the threat of coronavirus - but in each part of the UK, the police must enforce them. |
| What powers do police have? | What powers do police have? |
| Police have wide-ranging powers to help fight coronavirus, by enforcing the lockdown. | Police have wide-ranging powers to help fight coronavirus, by enforcing the lockdown. |
| The three key tools they have been given are: | The three key tools they have been given are: |
| These powers came into force without a vote in each part of the UK following orders made by ministers. | These powers came into force without a vote in each part of the UK following orders made by ministers. |
| They could create these regulations without debate because their respective parliament or assembly had earlier given them the power to do so. | They could create these regulations without debate because their respective parliament or assembly had earlier given them the power to do so. |
| How can police enforce the lockdown? | How can police enforce the lockdown? |
| It is against the law in every part of the UK to be outside the place where you live "without reasonable excuse", or to be part of a public gathering. | It is against the law in every part of the UK to be outside the place where you live "without reasonable excuse", or to be part of a public gathering. |
| If someone refuses to follow the regulations - for instance a request to break up a barbecue and go home - officers can give them an on-the-spot penalty - basically an instant fine, like a parking ticket, without the involvement of a court. | If someone refuses to follow the regulations - for instance a request to break up a barbecue and go home - officers can give them an on-the-spot penalty - basically an instant fine, like a parking ticket, without the involvement of a court. |
| In England those penalties now start at £100 for a first offence - reduced to £50 if paid promptly - through to a maximum of £3,200. | In England those penalties now start at £100 for a first offence - reduced to £50 if paid promptly - through to a maximum of £3,200. |
| They are lower in the rest of the UK. | They are lower in the rest of the UK. |
| Police could ultimately charge anyone, anywhere in the UK, with the offence of breaching coronavirus regulations. | Police could ultimately charge anyone, anywhere in the UK, with the offence of breaching coronavirus regulations. |
| That power would lead to court, possible conviction - and therefore a criminal record - and even greater fines. | That power would lead to court, possible conviction - and therefore a criminal record - and even greater fines. |
| The police cannot, however, enforce social distancing of two metres because this has not been written into the law. | The police cannot, however, enforce social distancing of two metres because this has not been written into the law. |
| The latest instructions to officers from the College of Policing for England and Wales says: "Officers should only enforce the Health Protection Regulations - government guidance is not enforceable, for example two-metre distancing, avoiding public transport or the wearing of face coverings in enclosed spaces." | The latest instructions to officers from the College of Policing for England and Wales says: "Officers should only enforce the Health Protection Regulations - government guidance is not enforceable, for example two-metre distancing, avoiding public transport or the wearing of face coverings in enclosed spaces." |
| What is a reasonable excuse to leave home? | What is a reasonable excuse to leave home? |
| If you are stopped, police need to know that you have a "reasonable excuse" to be outside. The law in each part of the UK has never been clear on what this absolutely means. It only gave examples, such as: | If you are stopped, police need to know that you have a "reasonable excuse" to be outside. The law in each part of the UK has never been clear on what this absolutely means. It only gave examples, such as: |
| The law stresses that if you're on your own property, including a yard, garage or alley which is part of where you live, the police have no power to tell you what to do, unless you're having a gathering that's breaking the lockdown. | The law stresses that if you're on your own property, including a yard, garage or alley which is part of where you live, the police have no power to tell you what to do, unless you're having a gathering that's breaking the lockdown. |
| How are the rules and advice different across the UK? | How are the rules and advice different across the UK? |
| In England it is now a reasonable excuse to be outside for recreation or exercise with one other person who doesn't live with you. | |
| So, you could meet a friend or relative for a bike ride, walk or visit to a public park or garden - as long as you stay 2m (6ft) apart at all times - without fear of being questioned by the police. | So, you could meet a friend or relative for a bike ride, walk or visit to a public park or garden - as long as you stay 2m (6ft) apart at all times - without fear of being questioned by the police. |
| In Northern Ireland, groups of up to six people who do not share a household will be able to meet outdoors under a relaxation of the law. This rule on meetings outdoors has not been changed in Scotland or Wales. | |
| Mr Johnson also said people in England would now be allowed to drive to other locations to take "more and even unlimited amounts of outdoor exercise". | |
| Confusingly, unlimited exercise was never actually banned in England, Scotland or Northern Ireland. | Confusingly, unlimited exercise was never actually banned in England, Scotland or Northern Ireland. |
| Wales did initially ban exercising more than once a day before lifting it - and its police are still being asked to ensure people aren't travelling far from home. | Wales did initially ban exercising more than once a day before lifting it - and its police are still being asked to ensure people aren't travelling far from home. |
| Mr Johnson has also said it would be a reasonable excuse to be outside to sunbathe - although there has never been a legal ban on sunbathing in any part of the UK. | Mr Johnson has also said it would be a reasonable excuse to be outside to sunbathe - although there has never been a legal ban on sunbathing in any part of the UK. |
| It means that police in England will no longer be considering whether to order people to move on if they are snoozing in the sun. | It means that police in England will no longer be considering whether to order people to move on if they are snoozing in the sun. |
| However, the Scottish government maintains that sunbathing could spread the virus, and does not consider it a reasonable excuse to be outside. | However, the Scottish government maintains that sunbathing could spread the virus, and does not consider it a reasonable excuse to be outside. |
| So someone basking on the English side of the River Tweed wouldn't be fined by the police - but someone on the opposite Scottish bank might be. | So someone basking on the English side of the River Tweed wouldn't be fined by the police - but someone on the opposite Scottish bank might be. |
| In all parts of the UK, gatherings of more than two people from different households - be they in public or on private land - remain banned. | In all parts of the UK, gatherings of more than two people from different households - be they in public or on private land - remain banned. |
| Can police stop travel from one part of the UK to the other? | Can police stop travel from one part of the UK to the other? |
| This is a moot point. The ban on holidays and staying away from home remains in force - but the prime minister says you can travel. | This is a moot point. The ban on holidays and staying away from home remains in force - but the prime minister says you can travel. |
| However, he has no say over how the coronavirus regulations should be enforced by police outside England. | However, he has no say over how the coronavirus regulations should be enforced by police outside England. |
| If a family from Bristol drives about 70 miles, within England, for a day's country walking on Exmoor, it is difficult to see how they would now be stopped along the way by Avon and Somerset Police. | If a family from Bristol drives about 70 miles, within England, for a day's country walking on Exmoor, it is difficult to see how they would now be stopped along the way by Avon and Somerset Police. |
| But if the same family drives a similar distance to the Brecon Beacons in Wales, they run the risk of arrest. | But if the same family drives a similar distance to the Brecon Beacons in Wales, they run the risk of arrest. |
| This is not hypothetical. South Wales Police has already announced that four people from England are to appear in court for travelling to paraglide off Nash Point in Glamorgan. | This is not hypothetical. South Wales Police has already announced that four people from England are to appear in court for travelling to paraglide off Nash Point in Glamorgan. |
| "Anyone who travels into Wales will be subject to Welsh legislation," said Assistant Chief Constable Andy Valentine. "Travelling into Wales for exercise, or without a reasonable excuse, is not permitted, and I appeal for the support of people living in England." | "Anyone who travels into Wales will be subject to Welsh legislation," said Assistant Chief Constable Andy Valentine. "Travelling into Wales for exercise, or without a reasonable excuse, is not permitted, and I appeal for the support of people living in England." |
| What advice have police received? | What advice have police received? |
| Front-line police may need to work very hard to decide whether someone is wilfully breaking the rules, has a genuine defence or has misunderstood them because of the differences across the UK. | Front-line police may need to work very hard to decide whether someone is wilfully breaking the rules, has a genuine defence or has misunderstood them because of the differences across the UK. |
| Officers across all four parts of the UK have been told by their chiefs to follow "Four Es": | Officers across all four parts of the UK have been told by their chiefs to follow "Four Es": |
| But John Apter, the national chairman of the Police Federation of England and Wales - which represents ordinary beat officers - said Mr Johnson's plans could be difficult to enforce. | But John Apter, the national chairman of the Police Federation of England and Wales - which represents ordinary beat officers - said Mr Johnson's plans could be difficult to enforce. |
| And Gwent's Police and Crime Commissioner, Jeff Cuthbert, predicted the prime minister's message would cause confusion. | And Gwent's Police and Crime Commissioner, Jeff Cuthbert, predicted the prime minister's message would cause confusion. |