Policing during the Coronavirus pandemic

In common with many nations, the UK is currently enduring a "lockdown" imposed by law on businesses, the freedom of movement of individuals, and "gatherings"  in a public place of more than two people. The relevant law is in The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 - (considered in this previous post).

On Thursday 16 April the government announced that the "lockdown" due to the coronavirus pandemic would continue for at least a further three weeks - The Guardian 16 April.  The announcement was made by Rt. Hon. Dominic Raab*
(First Secretary of State and Secretary of State for Foreign and Commonwealth Affairs) who is deputising whilst the Prime Minister recovers from his own infection with coronavirus.

The Regulations required a review of the Regulations by 16 April. Further reviews are required every 21 days - see Regulation 3(2). The review did not result in any legislative changes.

The government's review will have considered the views of the Scientific Advisory Group for Emergencies (SAGE). The membership of SAGE depends on the nature of the emergency but it typically includes leading experts from within government and leading specialists from the fields of academia and industry. The group typically is chaired by the Government Chief Scientific Adviser or a departmental Chief Scientific Adviser.  Details of the advice given to government are available HERE.

In addition to the Regulations, a considerable amount of "guidance" has emerged as to what individuals are either permitted to do or prohibited from doing. The mixture of legislation and guidance has proved to be problematic. The following guidance has appeared from official sources:

• Government guidance issued 29 March - Coronavirus outbreak FAQs: What you can and can't do.

• College of Policing - Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – first issued 26 March and updated 31 March.

• A further document  (pdf) entitled "What constitutes a reasonable excuse to leave the place where you live" - was published by the National Police Chiefs’ Council (NPCC) and the professional standards body the College of Policing. The document, which applies to England Only, notes that the Crown Prosecution Service (CPS) produced "a really useful practical guide" as to what might and what might not constitute a ‘reasonable excuse’ for leaving the place where an individual lives.

The latest Police document also states - "Some public statements made soon after the adoption of the Regulations suggested that members of the public could only leave their homes if ‘essential’ to do so. However, this is not the test set out in the Regulations and there is no legal basis for a requirement in those terms to be imposed. The applicable threshold is that of ‘reasonable excuse’. This list is not exhaustive and officers are required to use their discretion and judgement in deciding what is and what isn’t ‘reasonable’ in the circumstances."

Links and Notes:

CPS - Coronavirus-related updates

Prout de Jure - Coronavirus, guidance and the law


* On 23 March, during the coronavirus pandemic, the government confirmed that Raab, as First Secretary of State, was to deputise for Boris Johnson if he became "incapacitated" due to COVID-19.^[64] On 6 April, after Johnson was admitted to an intensive care unit due to his illness with COVID-19, Raab was asked to deputise for Johnson.^[65]