coronavirus – Page 76 – Current Awareness

Jeff King: The Lockdown is Lawful: Part II – UK Constitutional Law Associaiton

Posted April 2nd, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, health, human rights, news, proportionality, statutory interpretation by sally

‘In the post published yesterday, I explained that under Part 2A of the Public Health (Control of Diseases) Act 1984, UK and Welsh ministers can make regulations to protect public health that can impose ‘special restrictions’ on persons, things and premises. They can impose such restrictions in the same way that Justices of the Peace may do against individuals and groups. However, there are four exceptions to that general rule (section 45D(3)). The general regulation-making powers cannot be used to force a person to (a) submit to medical examination; be (b) removed to or (c) detained in a hospital or similar establishment, or, and mostly notably, (d) ‘be kept in isolation or quarantine.’ The rationale for the exclusions seems to be that these highly invasive things must be done on a case-by-case (i.e. person or group) instead of community-wide basis.’

UK Constitutional Law Association, 2nd April 2020

Source: ukconstitutionallaw.org

York woman fined for breaching coronavirus rules – BBC News

Posted April 2nd, 2020 in coronavirus, emergency powers, enforcement, fines, health, news by sally

‘A woman has been fined for breaching coronavirus restrictions after she refused to tell police who she was and why she was at a railway station.’

BBC News, 1st April 2020

Source: www.bbc.co.uk

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court

Posted April 2nd, 2020 in chambers articles, coronavirus, emergency powers, news, statutory interpretation by sally

‘Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and officers created by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

Is it possible to take a statutory declaration by Skype video or similar technology? – Hardwicke Chambers

Posted April 1st, 2020 in chambers articles, coronavirus, internet, Law Society, live link evidence, news, solicitors by sally

‘Although the position is fast-moving and guidance is expected to be given in due course by the Law Society, it is presently understood that remote video conferencing technology such as Skype or Zoom could be used by a practising solicitor to administer a statutory declaration.’

Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

Lawyers echo Sumption’s ‘police state’ warning – Law Society’s Gazette

Posted April 1st, 2020 in coronavirus, emergency powers, enforcement, government departments, judges, law firms, news, police by sally

‘Criticism by former Supreme Court justice Lord Sumption of apparent over-reach by police officers enforcing Covid-19 lockdown restrictions appears to have struck a chord in the legal profession.’

Law Society's Gazette, 31st March 2020

Source: www.lawgazette.co.uk

The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog

Posted April 1st, 2020 in coronavirus, drafting, emergency powers, enforcement, news, police, statutory interpretation by sally

‘The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 at reg 6(1) create a prohibition against leaving one’s home without reasonable excuse rather than being outside one’s home without reasonable excuse. Not only is that narrower than many people had thought, it shapes the powers of a police constable to direct or remove people to their home, which depends upon the constable considering that they have breached reg 6(1). Furthermore, in criminal proceedings for a breach, it may be that the burden of establishing of the defence of reasonable excuse is on a defendant in Scotland but on the prosecution in the other three home nations.’

UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

Jeff King: The Lockdown is Lawful – UK Constitutional Law Association

Posted April 1st, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (Reg 6) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (Reg 8) both provide in identical wording that ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Both also enumerate thirteen exceptions (‘reasonable excuses’) to the rule. These are the restrictions widely referred to as the ‘lockdown.’ There is a question at the moment about whether they are so invasive as to be unlawful. This two-part post briefly reviews the legal basis for the confinement. I argue that the lockdown is lawful.’

UK Constitutional Law Association, 1st April 2020

Source: ukconstitutionallaw.org

Guidance issued on remote access to Court of Protection – Local Government Lawyer

Posted April 1st, 2020 in codes of practice, coronavirus, Court of Protection, live link evidence, news by sally

‘The Vice-President of the Court of Protection has today (31 March) issued updated guidance on remote access to the court.’

Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Daughter in CoP case questions “second-rate” Skype justice – Legal Futures

Posted April 1st, 2020 in child abduction, coronavirus, Court of Protection, families, live link evidence, medical treatment, news by sally

‘An academic who was present at the first Court of Protection hearing to be conducted over Skype last month has raised concerns over its impact on relatives and witnesses.’

Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

Dorchester-upon-Thames man jailed for coughing in officer’s face – BBC News

Posted April 1st, 2020 in assault, coronavirus, criminal damage, health, imprisonment, news, police, sentencing by sally

‘A man who coughed in the face of a police officer arresting him for assaulting a woman has been jailed.’

BBC News, 31st March 2020

Source: www.bbc.co.uk

Coronavirus and Public Civil Hearings – Blackstone Chambers

Posted March 31st, 2020 in chambers articles, civil justice, coronavirus, news by sally

‘This piece, by Thomas de la Mare QC, considers how open civil justice, and in particular public hearings, will work in the coronavirus era.’

Blackstone Chambers, 30th March 2020

Source: www.blackstonechambers.com

Relaxation of UK abortion rules welcomed by experts – The Guardian

Posted March 31st, 2020 in abortion, coronavirus, government departments, news, women by sally

‘Leading UK healthcare providers have welcomed the government’s decision to allow women to take abortion pills at home without travelling to a clinic.’

The Guardian, 30th March 2020

Source: www.theguardian.com

Furlough and lay-off against the background of Covid-19 / Coronavirus – 4 New Square

Posted March 31st, 2020 in chambers articles, contract of employment, coronavirus, employment, news, redundancy, remuneration by sally

‘A new term has entered the employment lexicon: furloughing. What does it mean and how does it relate to the longer established concept of laying-off? Are employers better placed to take advantage of the government’s scheme for paying furloughed employees or to consider laying off their staff or making them redundant?’

4 New Square, 25th March 2020

Source: www.4newsquare.com

Criminal Powers in response to Covid-19 – stay indoors instructions – 5SAH

Posted March 31st, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, fines, freedom of movement, health, news, police by sally

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

5SAH, 30th March 2020

Source: www.5sah.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

Posted March 31st, 2020 in chambers articles, coronavirus, courts, criminal justice, health, health & safety, juries, news, trials by sally

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Divisional Court to consider application for suspension of ‘no recourse to public funds’ policy – Local Government Lawyer

Posted March 31st, 2020 in benefits, contract of employment, coronavirus, employment, equality, government departments, health, law firms, news, sick leave by sally

‘The Divisional Court will this week (3 April) consider whether to suspend the Home Office’s ‘no recourse to public funds’ (NRPF) policy.’

Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

UK police warned against ‘overreach’ in use of virus lockdown powers – The Guardian

Posted March 31st, 2020 in codes of practice, coronavirus, emergency powers, enforcement, fines, freedom of movement, news, police by sally

‘Police chiefs are drawing up new guidance warning forces not to overreach their lockdown enforcement powers after withering criticism of controversial tactics to stop the spread of coronavirus, the Guardian has learned.’

The Guardian, 30th March 2020

Source: www.theguardian.com

Network of priority courts launched for essential face-to-face hearings – Local Government Lawyer

Posted March 31st, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘The Ministry of Justice, HM Courts and Tribunals Service and the judiciary have created a network of 157 priority courts and tribunal buildings that will remain open for essential face-to-face hearings during the coronavirus pandemic to make sure the justice system continues to operate effectively.’

Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

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