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Do you want to play tennis or buy fresh dahlias? Changes in emergency health protection regulations have significantly altered laws restricting our ability to leave home and travel during the coronavirus crisis.
Although more permissive than the first versions, the new laws have become increasingly complex as the blockade begins to ease and delegated governments design their own legislation.
The initial emergency powers were contained in the Coronavirus Law and the Health Protection Regulation 2020.
What are your new rights under lockdown?
Under government-amended health regulations in England, the list of “reasonable excuses” for leaving home has been expanded. Now it includes exercising with your home or “a member of another home.”
Open public spaces can be visited in a similar company to promote “physical or mental health or emotional well-being.” Travel to real estate agents and to view properties are now allowed, as are visits to waste or recycling centers, garden centers, and outdoor sports fields.
Those categories are in addition to activities already permitted to obtain food and medical supplies, seek medical assistance, and care for a vulnerable person.
It is also permissible to attend the funeral of a close relative, “move house where it is reasonably necessary” and maintain existing arrangements for access between separated parents and children. Travel for work purposes where it cannot be done from home is also legal, as is the provision of voluntary services.
Have there been disagreements about these rights?
As the pandemic crisis continues, efforts have been made to bring government guidance, as articulated by ministers and public health officials, more closely aligned with the underlying law.
There is nothing in the English regulations on social distancing. The revised police council issued by the Police College and the Council of National Police Chiefs makes it clear: “Officers should only enforce Health Protection Regulations; Government guidance is not required, for example, two-meter spacing, avoiding public transportation, or using face cladding in confined spaces. “
However, the amended Welsh regulations specify that the social distance of two meters between people from different households must be observed.
Because they are new, there has been concern that courts, police, and prosecutors do not understand emergency laws. The Crown Prosecution Service is examining all charges in relation to Covid-19 to ensure that no judicial mistakes have been made.
What punishments can be imposed?
The fines for non-compliance have increased significantly. Fixed penalty notices, which were previously £ 60, are now £ 100 (£ 50 if paid within 14 days). For subsequent penalty notices, fines can be up to £ 3,200. Those who do not pay can be brought to court.
Anyone who feels they have been improperly fined can challenge it. Police chamber interpretations of the law are likely to be challenged in courtroom challenges.
Is there public consent for these powers?
The amended regulations, drawn up under the executive branch to create legal instruments, have not yet been reviewed by parliamentarians or colleagues. The initial version of the regulations was only debated by parliament the day before they were superseded by current law.
Clare Collier of the Liberty civil rights organization said: “Now that’s what [these powers] Finally received parliamentary oversight, the government elects to replace these powers. It is a blatant evasion of the parliamentary process.
“Instead of reducing those radical powers, the government is increasing fines for failing to comply with the blockade … This pandemic is a public health crisis, not a criminal justice problem.”
