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Coronavirus: What powers do the police have? Coronavirus: What powers do the police have?
(14 days later)
Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors. The lockdown rules have changed across all parts of the UK - with the most relaxed regime now operational in England.
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 rules - and in each part of the UK, the police must enforce them.
What powers do police have? Wherever you live in the UK, the police can:
Police have wide-ranging powers to help fight coronavirus, by enforcing the lockdown. There are now at least 17 laws, known as regulations, governing freedom of movement across the UK - here are the links to the most important:
The three key tools they have been given are: Originally, it was 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.
These powers came into force without a vote in each part of the UK following orders made by ministers. Today, the picture is really complicated. So let's start with England.
They could create these regulations without debate because their respective parliament or assembly had earlier given them the power to do so. From 1 June, anyone in England can be outside without needing a reasonable excuse. If someone wants to take a long car journey, they no longer need to explain themselves - providing they're returning home that day.
How can police enforce the lockdown? Once outside, be it in public or a back garden, they can gather in groups of up to six people and the police won't intervene.
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. For the first time since the lockdown began, people in England can stay overnight away from home for a range of specific reasons that include:
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. Crucially, there is a still a general ban on any indoor meetings of more than two people, unless they have a similar reason, defined in law, for doing so.
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. The latest guidance to police in England tells officers they can order people to leave a home if they find an illegal indoor meeting.
They are lower in the rest of the UK. These changes have created some rather unusual legal anomalies. Today in England, it's an offence for a couple who do not live together to have an amorous reunion indoors. However, there is no actual legal requirement to remain 2m (6ft) apart in a back garden - although it remains a key part of the government guidance.
That quirk is just the start of the unusual nature of this law: it effectively criminalises otherwise lawful social activity indoors and in private involving people who you don't live with - unless the activity is something that's already approved in the rules.
So if you want to invite Granny around to complete a jigsaw in the garden, you'll be fine. But take the puzzle inside f it starts to rain and you'd be breaking the law.
What about the rest of the UK?
In Scotland and Northern Ireland, people still need a reasonable excuse to be outside where they live - and in Wales to go beyond their local area.
What's a reasonable excuse? The law across the UK has never been explicitly clear on what this means (see the Dominic Cummings row), but it does give examples which include:
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.
In Northern Ireland, groups of up to six people who do not share a household can meet outdoors under a relaxation of the law.
In Scotland and Wales, the law now allows "two households" to meet outside but doesn't specify numbers. However Scottish guidance is to keep it to maximum of eight people.
BBC country-specific lockdown law guides:
What are the penalties?
If someone fails to follow any of the regulations that apply in their part of the UK, police officers could give them an on-the-spot penalty. This is basically an instant fine, like a parking ticket, without the involvement of a court, unless the recipient wants to challenge it.
In England those penalties now start at £100 for a first offence - reduced to £50 if paid promptly. Repeat offences will lead to penalties that will reach a maximum of £3,200. These penalties 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 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?
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.
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.
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.
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.
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.
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.
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. The ban on holidays remains in force in all parts of the UK - 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 - and any driving into Scotland or Wales needs a good reason to do so.
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, they won't be stopped by the police.
But if the same family drives a similar distance to the Brecon Beacons in Wales, they run the risk of arrest. 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 previously announced that 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."
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.
And Gwent's Police and Crime Commissioner, Jeff Cuthbert, predicted the prime minister's message would cause confusion.