Powers relating to potentially infectious persons.
Coronavirus Act 2020 Schedule 21. Part 1 of the Schedule is headed "Overview and Interpretation". Part 2 provides for "Powers relating to potentially infectious persons in England." Parts 3, 4 and 5 provide similar powers for Scotland, Wales, and Northern Ireland respectively.
The Schedule gives powers to public health officers, constables and immigration officers. The powers are exercisable in respect of persons who are “potentially infectious.”
This post is a brief look at the police powers to direct or remove persons to a place suitable for screening and assessment - Part 2 paragraph 7 of the Schedule.
Preliminary:
Part 1 of the Schedule defines various terms used in the Schedule including a definition of who is considered to be "potentially infectious." "Public Health Officer" is defined in paragraph 3(2).
Paragraph 2 of the Schedule states
that - "For the purposes of this Schedule, a person is “potentially infectious” at any time if - (a) the person is, or may be, infected or contaminated with coronavirus, and there is a risk that the person might infect or contaminate others with coronavirus, or (b) the person has been in an infected area within the 14 days preceding that time. "Infected area" is further defined in paragraph 2(2).
Secretary of State's Declaration:
Part 2 (Paragraph 4) requires the Secretary of State to make a declaration that - (a) the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health in England, and (b) the powers conferred by this Part of this Schedule will be an effective means of delaying or preventing significant further transmission of coronavirus in England. However, paragraph 24(3 provides that the declaration made by the Secretary of State on 10 February 2020 under regulation 3 of the 2020 Regulations is to be regarded as a declaration made by the Secretary of State under paragraph 4 of this Schedule.
The 2020 Regulations referred to are The Health Protection (Coronavirus) Regulations 2020 (S.I. 2020/129). The Secretary of State's declaration continues to be valid but those Regulations are now revoked. The Public Health (Coronavirus, Restrictions) (England) Regulations 2020 apply from 26 March.
The Secretary of State's declaration commenced a "transmission control period" which will last until the declaration is revoked.
Paragraph 7:
The Police have additional powers exercisable during the transmission control period - Schedule 21 para 7.
The powers of a constable are exercisable if the constable has reasonable grounds to suspect that a person in England is potentially infectious. The person may be directed by the constable to go immediately to a place (which has to be stated by the constable) which is suitable for screening and assessment. There is a police power to remove the person to such a place.
The powers may be exercised only if the constable considers it necessary and proportionate to do so (a) in the interests of the person, (b) for the protection of other people, or (c) for the maintenance of public health.
The person must be informed by the constable of the reason for directing or removing them, and must be warned that it is an offence to fail without reasonable excuse to comply or to abscond.
Before exercising the powers the Schedule stipulates that the constable must consult a public health officer to the extent that it is practicable to do so.
Other Police powers:
The Schedule created other Police power - see paragraphs 13, 16, 20. These are not considered further in this post.
Ancillary powers:
Under paragraph 20 - A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with - (a) a direction given to that person under a power conferred by this Part of this Schedule, or (b) removing the person to or keeping the person at a place under a power conferred by this Part of this Schedule.
Reasons for such reasonable instructions must be given and the person must be informed that it is an offence to fail to comply with the instruction - paragraph 20(2)(b).
A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal.
A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule.
A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.
Note para 21 -
Offences:
Paragraph 23 creates a number of offences including -
A person commits an offence if the person - (a) fails without reasonable excuse to comply with any direction, reasonable instruction, requirement or restriction given to or imposed on the person under this Part of this Schedule, ...
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Other legislation:
The Public Health (Coronavirus, Restrictions) (England) Regulations 2020 are in force and are discussed in this previous post. These are the regulations imposing business closures and restrictions on movement.
Name and address:
The Schedule does not contain any power for the Police to require an individual to give their name and address. This is a complicated area of law. An example of a power in conection with anti-social behaviour is section 50 of the Police Reform Act 2002.
Police powers of arrest are addressed by the Police and Criminal Evidence Act 1984 section 24. The power of arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question. The reasons include (a) enabling "the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name); (b)correspondingly as regards the person's address; .... etc.
*** COLLEGE OF POLICING GUIDANCE 3 April 2020 ***
Please see the College of Policing Guidance issued on 3 April 2020.
*** 5 ESSEX COURT ***
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