Police Law Blog European Decisions Statutory Materials

One Kingdom but four nations emerging from lockdown at four different rates under four different laws

Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.

With greatly improving weather, and recent news of high profile breaches of the rules, the British public have decided for themselves to begin to emerge from lockdown and to start enjoy the weather. The four nations of the UK have responded to this by relaxing the lockdown regulations applicable to each of them, albeit in distinct ways, to different extents and at slightly different points in time.

Reducing restrictions, increasing inconsistency? Impact of the Lockdown Amendment Regulations on the Police’s Enforcement Ability

The ‘lockdown’ has been slightly relaxed in England but much less so in the other three nations. In England, this relaxation was announced by the Prime Minister in a nationally televised address at 7pm on a Sunday. By 7am the next day, there was considerable uncertainty as to what he meant and from when he meant things to change. The First Secretary of State, no less, had to be subsequently ‘corrected’ by his own Government after a Radio 4 interview. The more draconian the legal restrictions are, the more important it is to ensure that they are readily understood by the population, which must obey them, and by the police, who must enforce them. Otherwise, they lose much of their utility in the protection of public health. That is as true of restrictions that are relaxed as it is of the original restrictions. Click here to continue.

Reducing restrictions, increasing inconsistency? Impact of the Lockdown Amendment Regulations on the Police’s Enforcement Ability

The ‘lockdown’ has been slightly relaxed in England but much less so in the other three nations. In England, this relaxation was announced by the Prime Minister in a nationally televised address at 7pm on a Sunday. By 7am the next day, there was considerable uncertainty as to what he meant and from when he meant things to change. The First Secretary of State, no less, had to be subsequently ‘corrected’ by his own Government after a Radio 4 interview. The more draconian the legal restrictions are, the more important it is to ensure that they are readily understood by the population, which must obey them, and by the police, who must enforce them. Otherwise, they lose much of their utility in the protection of public health. That is as true of restrictions that are relaxed as it is of the original restrictions.

Statutory Guidance for Police Collaboration. 12.3.10

This Statutory Guidance for Police Collaboration is published to assist police authorities and forces considering and implementing collaborative working as a means to achieving more efficient and effective delivery of policing services. It includes clarification of the relevant legislation that governs collaboration in the police service, in particular of Sections 23-23I of the Police Act 1996 (referred to as “the Act” for the remainder of this document) which set out the provisions under which collaboration agreements may be made by police forces and police authorities and which were amended and expanded by the Policing and Crime Act 2009.

The Guidance is here: 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/100820/statutory-guidance-police-collaboration.pdf

Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officers

In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB) , the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art 2 inquest is required in order to meet investigative short comings.