The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made at 1pm on 26 March 2020 and are now in force. They contain sweeping restrictions never before seen in peacetime in the United Kingdom. They apply to England only and expire in 6 months. They revoke and replace the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 – leaving the business closures in place.
The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in the Coronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce…” mean?
The almost 330-page Coronavirus Bill 2020 was published on Thursday 19 March 2020 and is likely to become law on Thursday 26 March. It will contain a 6-month sunset clause but may be renewed. The key parts of the Bill from the point of view of policing are Schedule 20 – which deals with powers relating to potentially infected persons – and Schedule 21 – which deals with powers to restrict events, gatherings and premises. This article provides a summary of the police powers and duties. They may change in the light of the Prime Minister’s televised national address on the evening of Monday 23 March.
We are all under attack from the Severe Acute Respiratory Syndrome Coronavirus 2 (“the Coronavirus”). This time, our foe is not a country, a terrorist group or a person. Nor is it a predator. Chillingly, it is not even alive. The Government has exceptionally wide powers under the Civil Contingencies Act 2004 in this present emergency which could include forcible quarantine and assessment, the confiscation or requisition of property and compelling citizens to assist in policing.
Applications for forced marriage protection orders (“FMPO”s) made pursuant to s.63A of the Family Law Act 1996 are on the rise: in 2018, the government’s Forced Marriage Unit provided advice or support in 1,764 possible forced marriage cases; a significant increase from the following 1200-1400 cases in 2017. Also in 2018, Family Court statistics indicate that 322 applications were made and 324 orders granted. Despite applications being made by police, who must seek leave to make such an application under s.63C(3) of the Family Law Act 1996, and local authorities, the legislation itself does not provide clear guidance as to how the court should deal with such applications. The President of the Family Division, Sir Andrew McFarlane, has now done so in Re K (Forced Marriage: Passport Order)[2020] EWCA Civ 190.