Man wrongly convicted under coronavirus law, Met police admit – The Guardian

‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Public reassured over lockdown policing rules – BBC News

‘Downing Street says people can buy whatever they want from shops that remain open amid concerns some police are overstepping lockdown powers.’

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BBC News, 10th April 2020

Source: www.bbc.co.uk

The Coronavirus Act 2020: When Legislation Goes Viral (Part Two) – UK Human Rights Blog

Posted April 14th, 2020 in coronavirus, emergency powers, health, human rights, news by sally

‘In Part One, I considered the background to the Coronavirus Act 2020 and some general aspects of the legislation. Here, I focus on some of the substantive provisions of the legislation and briefly explore the role that human rights law has to play in the management of the COVID-19 crisis.’

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UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com

Leviathan unshackled? – UK Human Rights Blog

‘The response to the Covid-19 pandemic by governments across the world has thrown into sharp relief the fact that at a time of crisis the institutions and functions of Nation States are still the key structures responsible for the most basic duty of protecting their citizens’ lives. In the United Kingdom, the recent weeks have seen interventions by the Government in the economy and in the freedom of movement that are commonly seen as unparalleled in the post 1945 era.’

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UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com

New Act – legislation.gov.uk

Posted April 14th, 2020 in coronavirus, emergency powers, legislation by tracey

Coronavirus Act 2020

Source: www.legislation.gov.uk

Sean Molloy: Covid-19, Emergency Legislation and Sunset Clauses – UK Constitutional Law Association

‘On 25 March, the UK passed the Coronavirus Act 2020 as part of its attempt to manage the coronavirus outbreak. The Act introduces a wave of temporary measures designed to either amend existing legislative provisions or introduce new statutory powers in order to mitigate the effects of the COVID-19 (See Nicholas Clapham’s Conversation post here on the content of Bill). As countries around the world enact similar laws, there are notable concerns regarding not only the impact of emergency provisions on human rights, but also the potential of emergency powers to become normalised. One response is to utilise sunset clauses. This piece argues that while sunset clauses are both welcome and necessary, they should nevertheless be approached with a degree of caution.’

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UK Constitutional Law Association, 8th April 2020

Source: ukconstitutionallaw.org

UK domestic abuse helplines report surge in calls during lockdown – The Guardian

‘A helpline for perpetrators of domestic abuse who are seeking help to change their behaviour has received 25% more calls as the Covid-19 lockdown continues, fresh figures show.’

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The Guardian, 9th April 2020

Source: www.theguardian.com

Coronavirus: Walsall dad fined for son flouting lockdown – BBC News

‘A father has been fined by police after his son persistently flouted the coronavirus lockdown rules.’

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BBC News, 7th April 2020

Source: www.bbc.co.uk

Lockdown: A Response to Professor King — Robert Craig – UK Human Rights Blog

‘This post analyses the legal provisions that accompany some of the restrictions on movement of individuals announced by the Government. The movement restrictions themselves are vital to the protection of life in the current crisis and must be adhered to by all persons. The current Government guidance setting out these and other restrictions can be found here. Legal scrutiny of the associated regulations is warranted but should not be taken to question the undeniable imperative to follow that guidance.’

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UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com

UK councils face lawsuits over access to education in lockdown – The Guardian

‘The UK government must ensure pupils from poor backgrounds have computers and internet connections during the coronavirus lockdown or face legal action for depriving children of their education, according to a group of legal activists.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

Why did government not use the Civil Contingencies Act? – Law Society’s Gazette

‘The Civil Contingencies Act 2004 (‘CCA’) represents a legal landmark. It updated and consolidated laws which enabled public authorities to prepare for, and respond effectively to, emergencies, replacing the Emergency Powers Act 1920 with a more comprehensive and consensual design. While it was motivated by domestic and global crises, it was not enacted in haste but benefited from a prolonged consultation period led by a special parliamentary joint committee. The final draft systematically furnished the executive with all conceivable powers, yet contained vital legal and parliamentary oversight to avert disproportionate action. The CCA addressed the widest range of possible eventualities: terrorist attacks, protests, environmental events – and human and animal disease pandemics. In other words, there already existed legislation designed to tackle the circumstances of coronavirus which indubitably qualifies as an emergency. Yet, rather than utilise this framework, the government has resorted to fresh legislation in the Coronavirus Act 2020. Why?’

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Law Society's Gazette, 2nd April 2020

Source: www.lawgazette.co.uk

The Coronavirus Act 2020: When Legislation Goes Viral (Part One) – UK Human Rights Blog

‘At this point, it is almost trite to say that we are living through unprecedented events. The global spread of the Coronavirus pandemic poses serious challenges to society. So far, the global death-toll has exceeded 21,000 and life as we know it in the UK has changed dramatically. In response to this crisis the Government has announced drastic measures in order to curb the spread of the virus and to support those who may be affected. Indeed, it seems that Cicero’s famous injunction to let the welfare of the people be the highest law has gained a new relevance in the age of COVID-19.’

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UK Human Rights Blog, 2nd April 2020

Source: ukhumanrightsblog.com

Domestic abuse cases soar as lockdown takes its toll – The Guardian

‘More than 25 organisations helping domestic violence victims have reported an increase in their caseload since the start of the UK’s coronavirus epidemic.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

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Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

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

‘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.’

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5 SAH, 30th March 2020

Source: www.5sah.co.uk

Coronavirus: Man jailed for coughing on police officer – BBC News

‘A man who coughed on a police officer and claimed to have coronavirus has been jailed for six months.’

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BBC News, 2nd April 2020

Source: www.bbc.co.uk

Coronavirus: Man jailed after hospital visit social media boast – BBC News

‘A man who boasted on social media of visiting a hospital without a medical reason has been jailed for 12 weeks.’

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BBC News, 2nd April 2020

Source: www.bbc.co.uk

Council and police shut pub that held lock in during lockdown – Local Government Lawyer

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, health, licensed premises, news by sally

‘Ashfield District Council has used its powers working with Nottinghamshire Police to shut a pub under new rules introduced during the COVID-19 outbreak, after the licence holder held a lock in at her pub.’

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Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Woman ‘wrongly charged under new law’ – BBC News

‘British Transport Police has admitted wrongly charging a woman who was fined £660 under coronavirus legislation.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk