Category: enforcement

The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, proportionality, statutory interpretation by sally

‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’

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6KBW College Hill, 16th April 2020

Source: blog.6kbw.com

EP 108: Renewed lockdown, new guidance: new episode – Dominic Ruck Keene & Darragh Coffey – Law Pod UK

Posted April 21st, 2020 in barristers, coronavirus, emergency powers, enforcement, human rights, judiciary, news by sally

‘Rosalind English talks to two barristers who happen to have served in the armed forces before going to the law, so they know something about emergencies and personal protective equipment. Dominic Ruck Keene and Darragh Coffey consider the probable attitude of the judiciary to any challenges regarding the government’s responsibility for preparedness, lockdown, and their their obligations under Articles 2 and 5 of the European Convention on Human Rights, as well as Article 11. How are we as a society, and the government, going to regard the question of “judicial activism” in this unprecedented situation in a post-pandemic UK?’

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Law Pod UK, 20th April 2020

Source: audioboom.com

COVID-19 Legislation: The uncertainty is infectious – St John’s Buildings

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘Society is experiencing the biggest Government led restriction of movement since the Second World War, instigated by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 which came into force at 1pm on 26th March 2020.’

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St John's Buildings, 15th April 2020

Source: stjohnsbuildings.com

Is the Lockdown Lawful? An overview of the debate – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, emergency powers, enforcement, human rights, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made by the Health Secretary on 26 March 2020. Understandably, given the speed with which the crisis was and still is developing, the Regulations were made using a statutory emergency procedure, meaning that they were not subject to Parliamentary scrutiny. They have yet to be challenged in the courts. In the meantime, a lively and important debate has developed about whether those regulations are lawful.’

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UK Human Rights Blog, 20th April 2020

Source: ukhumanrightsblog.com

Lessons to be Learned from the Marie Dinou Case – Pump Court Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police by sally

‘Marie Dinou, the woman from York convicted of a non-existent coronavirus offence after being found “loitering between platforms” at Newcastle railway station was lucky to be charged with something newsworthy. Had hers been a mundane motoring charge it is highly unlikely that anyone would have spotted that her treatment by the police and the justice system was stupid, incompetent and unlawful.’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, health, human rights, news by sally

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

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3PB, 17th April 2020

Source: www.3pb.co.uk

Equality and discrimination in employment during the COVID-19 Pandemic – 3PB

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, equality, news by sally

‘Section 4 of the Equality Act 2010 (‘EqA’) defines the protected characteristics as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion or belief, sex and sexual orientation. The current public health and economic emergency that society and business face has the potential to impact upon each protected characteristic. For example, there are reports of increased racist behaviour and commentary targeting Chinese and Italian citizens. There have also been publicised grievances around a requirement to wear protective equipment and the impact on religious dress. Such issues could be tested in the courts under the provisions of the EqA.’

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3PB, 7th April 2020

Source: www.3pb.co.uk

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