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Coronavirus: What powers do the police have? Coronavirus: What powers do the police have?
(about 1 month later)
The lockdown rules have changed across all parts of the UK - with the most relaxed regime now operational in England. Lockdown rules are changing across the UK.
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. But who is responsible for making sure people follow them?
Wherever you live in the UK, the police can: Rules or guidelines?
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: Police have the biggest responsibility for enforcing coronavirus laws - the rules that everyone must follow. These differ across the UK's four nations.
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. But not everything you are asked to do is a legal requirement.
Today, the picture is really complicated. So let's start with England. Coronavirus guidance describes government recommendations to help control the virus. These are not backed by laws.
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. Ministers have sometimes used the word "rules" to refer to the law and sometimes the guidance.
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. Can police make me cover my face?
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: In England, Scotland and Northern Ireland it's a legal requirement to cover the mouth and nose on public transport (although some people are exempt). Wales will introduce this rule on 27 July.
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. From 24 July, the requirement will extend to shops in England - mirroring the position that came into force in Scotland on 10 July.
The latest guidance to police in England tells officers they can order people to leave a home if they find an illegal indoor meeting. If you refuse to wear a covering on public transport, police officers can stop you boarding - or direct you to leave.
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. Police officers in England and Transport for London staff can also issue £100 tickets - but it's not clear yet how this will be enforced in shops.
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. The Police Federation, which represents front-line officers, says they can't spend their time patrolling thousands upon thousands of outlets.
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. Shop staff and security guards can already detain shoplifters while waiting for the police to arrive. However, the general power of the citizen's arrest is only exercisable to apprehend criminals committing offences that would go before a judge and jury. A penalty ticket for being socially obnoxious would not cross that high bar.
What about the rest of the UK? Instead, police leaders hope shop managers will refuse non-mask wearers entry - rather than turning to the police to solve the problem.
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. Can I hold a party?
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: In England, the law allows you to meet in a group of up to 30 people outside, or at home.
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. Outside means any public place - including beaches, parks, streets and the countryside.
In Northern Ireland, groups of up to six people who do not share a household can meet outdoors under a relaxation of the law. So if you want to organise a picnic or garden party, you can now invite 29 guests.
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. If you go above that number, the police can turn up and force people to leave. They could issue you with a penalty ticket.
BBC country-specific lockdown law guides: These start at £100 (or £50 if paid within 14 days), rising to £3,200 for six or more offences. In exceptional cases, the Crown Prosecution Service could take someone to court.
What are the penalties? But, confusingly, the government wants people to do something different.
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. Its official guidance - not actually a legal obligation - says: "You should only be socialising in groups of up to two households (including your support bubble) indoors and outdoors or up to six people from different households when outdoors."
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. The law in England now allows even bigger formally organised gatherings, providing the people behind it can show they have a plan to minimise the risk of spreading coronavirus.
Police could ultimately charge anyone, anywhere in the UK, with the offence of breaching coronavirus regulations. Officers can turn up and inspect the organiser's written plan. They can order people to leave if they decide there are genuine dangers.
That power would lead to court, possible conviction - and therefore a criminal record - and even greater fines. Lockdown laws in the rest of the UK:
Can police stop travel from one part of the UK to the other? Public places like beaches could close
The ban on holidays remains in force in all parts of the UK - but the prime minister says you can travel. The law gets more complicated still.
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. In England, Health Secretary Matt Hancock has an exceptional new power to completely close a specific public place.
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. This could be used this summer to close beaches or beauty spots if there are concerns about crowds potentially spreading the virus.
If the same family drives a similar distance to the Brecon Beacons in Wales, they run the risk of arrest. If your favourite beach becomes what the law calls a "restricted area", it would be a crime to go there.
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. Who can force nightclubs or bowling alleys to stay shut?
What advice have police received? The final part of the revised law in England covers the shrinking list of businesses still closed.
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. These are places where there's thought to be a risk of spreading from close contact - such as nightclubs, indoor skating rinks and bowling alleys.
Officers across all four parts of the UK have been told by their chiefs to follow "Four Es": Police have the power to close these businesses.
However, in practice they're leaving this to local authorities whose trading standards officers can also enforce the law.
What if pubs and cafes break the rules?
Pubs, restaurants, hotels and hair salons can now open in England - but they could still be forced to close.
That's because they have a legal duty to keep their staff and customers safe.
The Health and Safety Executive oversees laws and guidance on a safe working environment. Like the police, it can enforce the law if it believes there is a danger - for instance in an overcrowded factory.
Environmental health officers - part of your local council - are also on the front line as they also have responsibility for local safety and, like the police, respond day and night. They'll be inspecting premises for potential health risks.
Businesses that are open must be able to show they have plans to reduce the risk of transmission - for instance by creating one-way systems around their premises.
If a premises was the source of an outbreak, local public health directors could close it while the virus was tackled. This is a long-standing power that has been used to contain other diseases.
Local lockdowns
Leicester is subject to the first UK local lockdown.
Police can break up gatherings of more than six people - and residents aren't allowed to stay away overnight, other than in the home of their bubble household.
But the city isn't actually walled in, legally speaking.
If a Leicester family fancies a clothes-shopping spree in Nottingham - because stores are still open there - there's legally nothing to stop them.
Instead, the government hopes people's sense of civic responsibility will see them follow guidance to stay at home.