Category: enforcement

Coronavirus and Civil Liberties in the UK – Blackstone Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘On 26 March 2020 the four countries of the United Kingdom became subject to regulations setting out the most severe restrictions on liberty ever imposed. Those restrictions are vitally necessary for fighting the coronavirus. This article analyses the range of legal issues that the restrictions give rise to, investigating what further refinements and reinforcement are required to ensure they are placed on a more secure legal footing.’

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Blackstone Chambers, 6th April 2020

Source: coronavirus.blackstonechambers.com

Coronavirus: Police fine three Londoners over 250-mile camping trip to Wales during lockdown – The Independent

Posted April 20th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by tracey

‘Police in Wales have fined a group of Londoners who were caught camping around 250 miles from the capital during the lockdown.’

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The Independent, 19th April 2020

Source: www.independent.co.uk

The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, news, statutory interpretation by sally

‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’

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6KBW College Hill, 6th April 2020

Source: blog.6kbw.com

UK courts told not to ‘overreact’ during coronavirus crisis – The Guardian

Posted April 20th, 2020 in coronavirus, courts, criminal justice, emergency powers, enforcement, imprisonment, news, nuisance, sentencing by tracey

‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Coronavirus Restrictions: local authority enforcement powers – narrower than you might think – Francis Taylor Building

Posted April 17th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, local government, news, police, statutory interpretation by sally

‘Those venturing to their local park over the weekend probably witnessed an increased presence of police constables, out to enforce the new restrictions on movement and public gatherings. Those restrictions, as well as rules forcing the closure of certain businesses and premises, were introduced on 26 March 2020 by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Francis Taylor Building, 9th April 2020

Source: www.ftbchambers.co.uk

Local authorities and health bodies handed new permitted development right to deal with COVID-19 emergency – Local Government Lawyer

Posted April 17th, 2020 in coronavirus, emergency powers, enforcement, health, local government, news by sally

‘The Secretary of State for Housing, Communities and Local Government has introduced a new permitted development right for local authorities and certain health service bodies in England to carry out development with a view to tackling the coronavirus emergency.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Hull man jailed for coughing in police officer’s face – BBC News

Posted April 17th, 2020 in assault, coronavirus, emergency powers, enforcement, imprisonment, news, police, sentencing by sally

‘A man has been jailed for coughing in the face of a police officer and claiming he had coronavirus.’

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BBC News, 16th April 2020

Source: www.bbc.co.uk

Driving to take a walk is lawful during England lockdown, police told – The Guardian

Posted April 17th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, interpretation, news, police by sally

‘Driving to the countryside and walking – where more time is spent doing the latter than the former – is among a list of reasonable excuses for Britons leaving their home during the coronavirus lockdown, according to advice issued to police.’

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The Guardian, 16th April 2020

Source: www.theguardian.com

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

Posted April 16th, 2020 in constitutional law, coronavirus, emergency powers, enforcement, freedom of movement, government departments, human rights, limitations, news, parliament, proportionality, time limits by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

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UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

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

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘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

Posted April 15th, 2020 in autism, coronavirus, disabled persons, emergency powers, enforcement, freedom of movement, government departments, judicial review, learning difficulties, news, pre-action conduct, proportionality by sally

‘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

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, government departments, health, news, police, sale of goods by sally

‘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

Leviathan unshackled? – UK Human Rights Blog

Posted April 14th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, government departments, health, human rights, news, Supreme Court by sally

‘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

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

Posted April 8th, 2020 in children, coronavirus, emergency powers, enforcement, families, fines, freedom of movement, health, news by sally

‘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

Posted April 7th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, health, human rights, news, statutory interpretation by sally

‘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

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

Posted April 3rd, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, freedom of movement, government departments, 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.’

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5 SAH, 30th March 2020

Source: www.5sah.co.uk

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

Posted April 3rd, 2020 in assault, coronavirus, emergency powers, enforcement, imprisonment, news, police, sentencing by sally

‘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

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, health, hospitals, imprisonment, news, nuisance, sentencing by sally

‘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