Papa Don’t Breach: Parental Liability under the Coronavirus Regulations – The 36 Group

‘The new Coronavirus legislation is only a week old and already there is public discussion over the tactics used by the police to enforce it (notable perhaps was former Supreme Court Justice Lord Sumption expressing concern that we are sliding into “a police state”).’

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The 36 Group, 2nd April 2020

Source: 36group.co.uk

How Well Do You Know The New Coronavirus Lockdown Rules? – Each Other

‘Am I allowed to drive to take my dog for a walk? Are shops still allowed to sell Easter eggs? Take EachOther’s quiz to see how much you know about the latest coronavirus lockdown rules.’

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Each Other, 2nd April 2020

Source: eachother.org.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Government issues guidance on how local authorities can use Care Act ‘easements’ – Local Government Lawyer

‘The Department of Health & Social Care has published guidance setting out local authorities can use the new ‘easements’ under the Coronavirus Act 2020 that mean they no longer need to meet certain duties under the Care Act.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

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

‘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.’

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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.’

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BBC News, 1st April 2020

Source: www.bbc.co.uk

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

‘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.’

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Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

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

‘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.’

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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

‘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.’

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UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

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

‘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.’

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UK Constitutional Law Association, 1st April 2020

Source: ukconstitutionallaw.org

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

‘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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5SAH, 30th March 2020

Source: www.5sah.co.uk

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

‘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.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Coronavirus: Court fine for Tesco queue rule breaker – BBC News

Posted March 31st, 2020 in coronavirus, emergency powers, fines, health, health & safety, news by sally

‘A man has pleaded guilty to breaching coronavirus social distancing rules by repeatedly approaching people in a supermarket queue.’

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BBC News, 30th March 2020

Source: www.bbc.co.uk

Draft in haste… Coronavirus restrictions and homelessness – Nearly Legal

‘Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and – to the point here – restrictions on individual movement.’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Theodore Konstadinides and Lee Marsons: Covid-19 and its impact on the constitutional relationship between Government and Parliament. – UK Constitutional Law Association

‘The Coronavirus Act 2020, the UK’s most substantial legislative response to the Covid-19 pandemic, received Royal Assent yesterday after a fast-tracked procedure through both Houses. Indisputably, the pandemic falls within the range of situations under which it is constitutionally acceptable for Bills to be fast-tracked. While there is no corollary between an expedited piece of legislation and a bad piece of legislation, fast-tracking the Coronavirus Bill carries important implications for the constitutional relationship between Government and Parliament. Not least, parliamentarians had limited time to scrutinise legislation containing measures that have been described by the Bingham Centre for the Rule of Law as ‘the most sweeping powers ever taken by the UK Government outside of wartime’. But, in this context, the implications for the balance between Government and Parliament extend beyond the immediate passage of the Act. Therefore, while Tierney and King stressed the dilemma between safeguarding public health and the protection of individual liberties vis-a-vis fast-tracked legislation, the purpose of this post is to outline a number of concerns provoked by this pandemic on the Government-Parliament relationship more broadly, while also making some comments on the Act itself.’

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UK Constitutional Law Association, 26th March 2020

Source: ukconstitutionallaw.org

Police fine people over social distancing – BBC News

Posted March 30th, 2020 in coronavirus, emergency powers, enforcement, fines, health, health & safety, news, police by sally

‘Police forces in England and Wales have fined people for ignoring guidance to prevent the spread of coronavirus.’

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BBC News, 27th March 2020

Source: www.bbc.co.uk

Lockdown Regulations made: restrictions and police powers – UK Police Law Blog

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made at 1pm on 26 March 2020 and are now in force. They contain sweeping restrictions never before seen in peacetime in the United Kingdom. They apply to England only and expire in 6 months. They revoke and replace the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 – leaving the business closures in place.’

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UK Police Law Blog, 26th March 2020

Source: ukpolicelawblog.com

Watchdog approves use of UK phone data if it helps fight coronavirus – The Guardian

‘The UK’s privacy watchdog has said the government can use personal data from people’s mobile phones to track and monitor behaviour if it helps fight the spread of coronavirus.’

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The Guardian, 27th March 2020

Source: www.theguardian.com

What powers does “take such action as is necessary to enforce” give to police officers? – UK Police Law Blog

‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’

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UK Police Law Blog, 25th March 2020

Source: ukpolicelawblog.com

Government to protect commercial tenants from eviction if they miss rent payments over coronavirus outbreak –

‘Commercial tenants who miss a payment in the next three months because of the coronavirus outbreak will be protected from eviction, the government has announced.’

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Local Government Lawyer, 24th March 2020

Source: www.localgovernmentlawyer.co.uk