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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. Boris Johnson has unveiled a "conditional plan" to reopen society, allowing people in England to spend more time outdoors.
It follows criticism that some forces have gone too far when trying to ensure people follow the rules. The devolved administrations in Scotland, Wales and Northern Ireland are announcing their own changes. In each area, rules will need to be enforced by the police.
This article will be updated to reflect changes in law.
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. Initially there was a gap between what London, Edinburgh, Cardiff and Belfast advised people to do on health grounds, and the actual limits of the laws they created that restricted movement.
The rules are broadly the same across the UK, but each country has its own regulations: The law came into force in each part of the UK as "statutory instruments". That's the technical name for an order made by a minister which can go straight into law without a vote:
Individual police officers have enormous discretion and there will be differences in what they decide to do. 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 to do. That has led to accusations that some have been 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. Across the UK,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.
From Wednesday, those fines are expected to change in England - and go up to £100 for a first offence, through to a maximum of £3,200.
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. Boris Johnson says people in England, from Wednesday, will be able to take "more and even unlimited amounts of outdoor exercise". Previously, exercise was only allowed once a day. In Scotland and Wales people can already exercise more than once a day - but in Wales they should start and finish exercise from home, rather than drive somewhere first.
Mr Johnson also says it would be a reasonable excuse, in England, to go outside to sunbathe, drive to other destinations and "play sports but only with members of your own household".
From Wednesday, in England, you will also be able to meet and associate in a public place with one other person from outside your household, but public gatherings of more than two people from different households remain prohibited in law across the UK.
Police can't order you home if you're going to the doctor, out helping someone else with their care, or carrying out another public service.
It is important to note that it is not a crime to leave your home to flee harm - for example, domestic abuse.It is important to note that 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 are the rules and advice different across the UK?
This is where the problems start. This is where the problems start for individuals trying to abide by the law - and the police who need to enforce it.
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 there is now a distinct difference - and potential conflict - in the advice being given in England, Wales and Scotland.
Take exercise. Prime Minister Boris Johnson said: "People will only be allowed to leave their home for... one form of exercise a day". In Scotland, the Holyrood government says it's now a reasonable excuse to exercise more than once a day. But the law didn't say that it wasn't allowed in the first place.
That sounded like a clear legal order - and the science behind it may be very clear, particularly in crowded cities. But, unlike in England, it doesn't say outdoor time could be unlimited - and it maintains that there is a ban on sunbathing. Police in Scotland could move you on or fine you if you lie down in a public park to do so.
But that's not the law. There is no legal ban on exercising more than once a day in England, Scotland or Northern Ireland. The Welsh Government is dropping its ban on exercising more than once a day - but it is insisting it will still be an offence for someone to drive across the border from England for a day outdoors, for instance to go hill walking. Yet, Mr Johnson in London has told people they can drive to other destinations.
However, in Wales, which sets its own health regulations, exercising more than than once a day is currently illegal - and potentially a criminal offence. From 11 May, people in Wales will be allowed to exercise more than once a day. All of this means frontline police may need to work very hard to decide whether someone is wilfully breaking the rules or has a genuine defence that their motivation for being outdoors is sound.
What about travelling to exercise? The College of Policing has now told officers in official guidance: "Use your judgement and common sense. For example, people will want to exercise locally and may need to travel to do so, we don't want the public sanctioned for travelling a reasonable distance to exercise." The College of Policing for England and Wales told officers in official guidance: "Use your judgement and common sense. For example, people will want to exercise locally and may need to travel to do so, we don't want the public sanctioned for travelling a reasonable distance to exercise."
What's a reasonable distance? That's not defined for the officers who are now expected to enforce it. John Apter, the national chairman of the Police Federation of England and Wales, said Mr Johnson's plans risked being a set of "loose rules that are left open to interpretation" and difficult to enforce.
The law may also prove vague in relation to some jobs as it puts the decision in the hands of an officer as to whether the work someone is out and about doing could be conducted from home. And in Gwent - on the western side of the River Severn crossings - the Police and Crime Commissioner, Jeff Cuthbert, predicted the prime minister's message would cause confusion.
It has left many people confused, with Nottingham Police revealing its switchboard was jammed by callers asking for advice. "I'm sure what he has said has muddied the water," he said. "I'm worried about my colleagues in England. There's going to be confusion in the minds of many people."
Have police misused the powers?Have police misused the powers?
As the Easter weekend approached, the Northamptonshire force suggested it might start policing supermarkets, if people didn't heed the official warnings, and checking "baskets and trolleys" to see whether people were buying "legitimate, necessary items". As the Easter weekend approached, the Northamptonshire force suggested it might start policing supermarkets, if people didn't heed official warnings, and check "baskets and trolleys" to see whether people were buying "legitimate, necessary items".
Cambridgeshire police tweeted that officers were pleased "the non-essential aisles were empty" at one supermarket. Cambridgeshire Police tweeted that officers were pleased "the non-essential aisles were empty" of people at one supermarket.
Both forces have now admitted they have no right to snoop in people's baskets.Both forces have now admitted they have no right to snoop in people's baskets.
Separately, Daniel Connell, of Rotherham, won an apology from South Yorkshire Police after an officer ordered him to leave his own front garden. Separately, Daniel Connell of Rotherham won an apology from South Yorkshire Police after an officer ordered him to leave his own front garden.
The law explicitly says people can all go about their private business at "the premises where they live together with any garden, yard, passage, stair, garage [or] outhouse". The law across the UK explicitly says people can all go about their private business at "the premises where they live together with any garden, yard, passage, stair, garage [or] outhouse".
So the law recognises that if you're on your own property, you are on private land and, as a consequence, you should be able to sensibly comply with the distancing measures.So the law recognises that if you're on your own property, you are on private land and, as a consequence, you should be able to sensibly comply with the distancing measures.
Derbyshire Police took enormous flak in the first week of this quasi-lockdown after it followed Peak District walkers with a drone. Derbyshire Police took enormous flak before the official start of lockdown when it followed 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 said 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. In April, police chiefs in England and Wales told people they should go to "local" beauty spots, if they wanted 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".
Is driving to relieve the boredom of being stuck inside a reasonable excuse?Is driving to relieve the boredom of being stuck inside a reasonable excuse?
We won't know unless that's tested in court by someone who challenges a fine.We won't know unless that's tested in court by someone who challenges a fine.
While the Coronavirus law says nothing specifically about going for a drive, police do, of course, have a general power to stop vehicles and enter property.While the Coronavirus law says nothing specifically about going for a drive, police do, of course, have a general power to stop vehicles and enter property.
So a constable can pull you over and ask why you're out - and if you don't have a "reasonable excuse", you could be committing an offence.So a constable can pull you over and ask why you're out - and if you don't have a "reasonable excuse", you could be committing an offence.
That said, the official guidance to police forces doesn't rule out road blocks if a force thinks they are necessary. It just warns that checking all vehicles would be "disproportionate".That said, the official guidance to police forces doesn't rule out road blocks if a force thinks they are necessary. It just warns that checking all vehicles would be "disproportionate".
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 across all four parts of the UK have been told by police chiefs 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.