Category: emergency powers

“Pardonable in the Heat of Crisis – building a solid foundation for action” – UK Human Rights Blog

Posted April 17th, 2020 in coronavirus, emergency powers, human rights, news, statutory interpretation, ultra vires by sally

‘In a paper published today Lord Sandhurst QC and Benet Brandret QC follow up on the previous paper co-authored by Lord Sandhurst QC by making concrete proposals for addressing the issues identified previously (see the previous paper here and our post on it here). It sets out a more concluded position on the doubts as to the vires for SI 2020/350 by explaining why the Statutory Instrument is, indeed, ultra vires, and the need for new legislation. It also sets out routes to put legislation and Guidance on a sound footing.’

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UK Human Rights Blog, 16th April 2020

Source: ukhumanrightsblog.com

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

Cremation under coronavirus restrictions – Law & Religion UK

Posted April 16th, 2020 in burials and cremation, coronavirus, emergency powers, news, statutory interpretation by sally

‘As the coronavirus pandemic progresses, a recent indication of the development of funeral practices was given by The Guardian headline “UK councils begin to ban funeral ceremonies due to coronavirus“. Although dated 4 April, changes were being introduced by Leeds City Council as early as 20 March when it was announced that new funeral bookings (in Leeds) would be “cremation only”’ with no attendees.’

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Law & Religion UK, 15th April 2020

Source: www.lawandreligionuk.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

Covid-19: Offering blood, toil, tears and sweat: Emergency Volunteers and the Law – Cloisters

Posted April 16th, 2020 in chambers articles, coronavirus, emergency powers, employment, hospitals, news, social services, volunteers by sally

‘Over 750,000 volunteers have signed up to the government’s scheme to assist the NHS and social services during the coronavirus outbreak. For those coming from another job, what employment protection do these volunteers have? The Minister introduced this aspect of the emergency legislation, the Coronavirus Act 2020, by saying “The Bill protects the income and the employment status of those who volunteer in the health and social care system. Volunteers will play a critical role in relieving the pressure on frontline clinicians and social care staff”. Sections 8, Schedule 7 and section 9 provide for ‘emergency volunteer leave’ (EVL). In this blog, the seventh in a Covid-19 series, Declan O’Dempsey and Tom Gillie answer the following pressing questions: What is EVL? Who may take it, and what should employers do if staff request to do so? The provisions of the Act are not in force at the time of writing. The situation is however a very fast moving one.’

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Cloisters, 3rd April 2020

Source: www.cloisters.com

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

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

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

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

Posted April 9th, 2020 in constitutional law, coronavirus, emergency powers, limitations, news, statutory interpretation by sally

‘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

Posted April 9th, 2020 in charities, coronavirus, domestic violence, emergency powers, freedom of movement, news, statistics by sally

‘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

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

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

Posted April 7th, 2020 in computer programs, coronavirus, education, emergency powers, equality, government departments, news, school children by sally

‘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

Posted April 6th, 2020 in constitutional law, coronavirus, emergency powers, news, parliament, proportionality by sally

‘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

Posted April 6th, 2020 in bills, coronavirus, emergency powers, freedom of movement, human rights, news, statutory interpretation by sally

‘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