Importance of Human Rights
To place duties on Government, first and second responders
To reign in excessive use of powers
To ensure people know the light and day of the laws around them
Human Rights and Laws
Article 7 (no punishment without law)
Article 8 (the right to respect for privacy and family life),
Article 9 (freedom of religion)
Article 11 (freedom of association).
The Health Protection (Coronavirus, Restrictions) (England) Regulation 2020
LESSON 1 – CRITICAL MINDS ARE NEEDED IN TIMES OF AN EMERGENCY
Be bold to criticise laws,
Unafraid to suggest recommendations,
And unconcerned about the backlash.
LESSON 2 – THE NEED FOR PUBLIC AND PARLIAMENTARY SCRUTINY
A number of foreseeable adverse consequences from a lack of scrutiny.
LESSON 3 – GOVERNMENT ANNOUNCEMENTS NEED TO BE SUPPORTED BY THE LAW
PM announcement – 23 March 2020
Regulation issued – 26 March 2020
Article 7 ECHR and common law principle states that there is no punishment without law.
LESSON 4 – MAJOR GOV ANNOUNCEMENTS MUST MATCH THE LAWS THEY PASS
The PM 23 March 2020 – announcing the lockdown
‘’That is why people will only be allowed to leave their home for the following very limited purposes:
shopping for basic necessities, as infrequently as possible
one form of exercise a day – for example a run, walk, or cycle – alone or with members of your household;
LESSON 5 – LAWS NEED TO BE PASSED WHICH HAVE LEGAL CERTAINTY CONCERNING – PREMISES
Regulation lack legal certainty because they
Were poorly drafted in parts and were confusing –
were muddied by Ministerial and police statements which resulted in several adverse consequences.
Example – visiting cemeteries
The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 in force on 22 April 2020
The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 which came into force on 22 April 2020
Reg 5(8) ‘’A person who is responsible for a crematorium must ensure that, during the emergency period, the crematorium is closed to members of the public, except for funerals or burials.’’
LESSON 6 – LAWS NEED TO BE PASSED WHICH HAVE LEGAL CERTAINTY CONCERNING – RESTRICTIONS ON MOVEMENT
6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.
LESSON 7 – LAWS NEED TO BE PASSED WHICH HAVE LEGAL CERTAINTY – GATHERINGS
Restrictions on gatherings
7. During the emergency period, no person may participate in a gathering in a public place of more than two
Advice not law – 2 metres
LESSON 8 – IMPORTANT THAT POLICE UNDERSTAND THE LAW PASSED
1. Police officers use the wrong law to prosecute individuals.
2. Police officers fail to understand the exceptions contained within the law
3. A law enforcement approach which can be described as absolutist literalist or what reports refer to overzealousness policing, which impacts on police and community relations.
Over zealous policing
Derbyshire Police force came under some criticism for initial use of drones to highlight people exercising away from their homes in the Peak District by saying that the “emergency laws were unclear’
LESSON 9 – ENFORCEMENT POWERS SHOULD COME WITH A POLICE CODE
Enforcement Powers Reg 8
Restrictions on movement
Powers to break up gatherings of three or more people in contravention of regulation
PROSECUTIONS – REG 9 AND 10
NEW OFFENCES/FIXED PENALTY NOTICES
College of Policing
A graduated response to breaches
LESSON 10 – LAWS SHOULD BE THE SAME THROUGHOUT UK
10 May 2020 – from Stay at home to Stay Alert
PM ‘You must obey the rules on social distancing and to enforce those rules we will increase the fines for the small minority who break them’’
Social distancing – 2mtres not law advice
Exercise and open spaces – Reg 6(2)(b) and (ba) 13 May 2020
7 very important points
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