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| Version 3 | Version 4 |
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| Coronavirus: What powers do the police have? | Coronavirus: What powers do the police have? |
| (1 day later) | |
| Police have been told to be "consistent" when applying measures introduced to stop the spread of coronavirus. | Police have been told to be "consistent" when applying measures introduced to stop the spread of coronavirus. |
| It follows criticism that some forces have gone too far when trying to ensure people follow the rules. | It follows criticism that some forces have gone too far when trying to ensure people follow the rules. |
| What powers do police have? | What powers do police have? |
| Police have wide-ranging powers to help fight coronavirus, by enforcing social distancing measures designed to keep people apart. | Police have wide-ranging powers to help fight coronavirus, by enforcing social distancing measures designed to keep people apart. |
| The three key tools they have been given are: | The three key tools they have been given are: |
| But there is an enormous gap between what the government would like people to do and the actual limits of the law restricting movements. The restrictions came into force as a "statutory instrument", which means it was created by ministers in each part of the UK with no debate or vote before it became law. | But there is an enormous gap between what the government would like people to do and the actual limits of the law restricting movements. The restrictions came into force as a "statutory instrument", which means it was created by ministers in each part of the UK with no debate or vote before it became law. |
| The rules are broadly the same across the UK, but each country has its own regulations: | The rules are broadly the same across the UK, but each country has its own regulations: |
| Individual police officers have enormous discretion and there will be differences in what they decide. That has led to accusations that some are being overzealous. | Individual police officers have enormous discretion and there will be differences in what they decide. That has led to accusations that some are being overzealous. |
| What punishments can police enforce? | What punishments can police enforce? |
| A police officer can order a non-essential business to close while coronavirus regulations are in place. | A police officer can order a non-essential business to close while coronavirus regulations are in place. |
| Police can also enforce the two key social distancing rules, which ban: | Police can also enforce the two key social distancing rules, which ban: |
| If someone refuses to follow the regulations - for instance a request to go home - officers can give them an on-the-spot fine of £60, reduced to £30 if paid within 14 days. If they keep breaking the law, more fines can be given - up to a maximum of £960. | If someone refuses to follow the regulations - for instance a request to go home - officers can give them an on-the-spot fine of £60, reduced to £30 if paid within 14 days. If they keep breaking the law, more fines can be given - up to a maximum of £960. |
| Police could ultimately charge someone with the more serious criminal offence of breaching coronavirus regulations and a direction to follow them. This could lead to a conviction in a magistrates court and an unlimited fine. | Police could ultimately charge someone with the more serious criminal offence of breaching coronavirus regulations and a direction to follow them. This could lead to a conviction in a magistrates court and an unlimited fine. |
| What is a reasonable excuse to leave home? | What is a reasonable excuse to leave home? |
| A "reasonable excuse" which would avoid a fine includes: | A "reasonable excuse" which would avoid a fine includes: |
| Police can't order you home if you're out helping someone else with their care, off to the doctor, or carrying out another public service. | Police can't order you home if you're out helping someone else with their care, off to the doctor, or carrying out another public service. |
| Most importantly, it is not a crime to leave your home to flee harm - for example, domestic abuse. | Most importantly, it is not a crime to leave your home to flee harm - for example, domestic abuse. |
| How is this different to what the government wants? | How is this different to what the government wants? |
| This is where the problems start. | This is where the problems start. |
| There could be "reasonable excuses" that the government has not thought of. | There could be "reasonable excuses" that the government has not thought of. |
| And the government's instructions to the public for preventing the spread of coronavirus go far further than the laws police have to enforce them. | And the government's instructions to the public for preventing the spread of coronavirus go far further than the laws police have to enforce them. |
| Take exercise. Prime Minister Boris Johnson said: "People will only be allowed to leave their home for... one form of exercise a day". | Take exercise. Prime Minister Boris Johnson said: "People will only be allowed to leave their home for... one form of exercise a day". |
| That sounds like a clear legal order - and the science behind it may be very clear, particularly in cities. | That sounds like a clear legal order - and the science behind it may be very clear, particularly in cities. |
| But his government has not made that the law in England - and the position is the same in Scotland and Northern Ireland. However, in Wales, which sets its own health regulations, exercising more than once a day is now against the law. | But his government has not made that the law in England - and the position is the same in Scotland and Northern Ireland. However, in Wales, which sets its own health regulations, exercising more than once a day is now against the law. |
| The law is also vague if you're self-employed. | The law is also vague if you're self-employed. |
| You have a reasonable excuse to be away from home if it is not possible to work there. But a police officer could decide your work is not essential and order you home. | You have a reasonable excuse to be away from home if it is not possible to work there. But a police officer could decide your work is not essential and order you home. |
| It has left many people confused, with Nottingham Police revealing its switchboard was jammed by callers asking for advice. | |
| Have police misused the powers? | Have police misused the powers? |
| Derbyshire Police has taken the most flak by following Peak District walkers with a drone. | |
| Former Supreme Court Justice Lord Sumption says the force went too far, but its chief constable says the drone operation was aimed to prevent the national park being over-run, increasing the likelihood of contagion. | Former Supreme Court Justice Lord Sumption says the force went too far, but its chief constable says the drone operation was aimed to prevent the national park being over-run, increasing the likelihood of contagion. |
| Last week, people were told to go to "local" beauty spots, if they want to go walking, while observing social distancing. But the law doesn't require walking to be local - nor does it ban you from driving to the countryside to go walking. | Last week, people were told to go to "local" beauty spots, if they want to go walking, while observing social distancing. But the law doesn't require walking to be local - nor does it ban you from driving to the countryside to go walking. |
| Cheshire Police says it has summonsed someone to court for going out for a drive because they were "bored". | Cheshire Police says it has summonsed someone to court for going out for a drive because they were "bored". |
| But the law says nothing about going for a drive - only about going out without a "reasonable excuse". | But the law says nothing about going for a drive - only about going out without a "reasonable excuse". |
| So is relieving the boredom of being stuck inside a reasonable excuse? | So is relieving the boredom of being stuck inside a reasonable excuse? |
| We won't know unless that's tested in court by someone who refuses to pay a fine - or appeals it. | We won't know unless that's tested in court by someone who refuses to pay a fine - or appeals it. |
| What are police now being asked to do? | What are police now being asked to do? |
| Officers are now being told to follow to follow the "Four Es": | Officers are now being told to follow to follow the "Four Es": |
| The National Police Chiefs Council has urged people to use their common sense - by thinking about whether they should leave home. And it wants officers to exercise their discretion by focusing on the law's aim and purpose. | The National Police Chiefs Council has urged people to use their common sense - by thinking about whether they should leave home. And it wants officers to exercise their discretion by focusing on the law's aim and purpose. |