Lockdown Laws and Human Rights – 10 Important Lessons During the COVID-19 Pandemic

Speaker: Nasir Hafezi
Chambers: Robert Lizar Solicitors

Nasir Hafezi is a fully committed and very experienced senior Manchester criminal defence solicitor with Robert Lizar and Co . He is fully versed in the cases surrounding Terrorism at the Manchester Arena and has furthered insight into police conduct which  deserves high accolade.

This insightful seminar questions government and police handling of the criminal law in relation to our freedoms and civil liberties via coronavirus

This seminar comes with full notes and slides in the members  CPD library viewing area and runs as follows

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

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

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
Example – visiting cemeteries

LESSON 6 – LAWS NEED TO BE PASSED WHICH HAVE LEGAL CERTAINTY CONCERNING – RESTRICTIONS ON MOVEMENT

LESSON 7 – LAWS NEED TO BE PASSED WHICH HAVE LEGAL CERTAINTY – GATHERINGS
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.

“emergency laws were unclear’

LESSON 9 – ENFORCEMENT POWERS SHOULD COME WITH A POLICE CODE

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’’

You can contact Nasir Hazezi on
nhafezi@robertlizar.com

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