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I have fundamental concerns with the Coronavirus Regulations - both legal and constitutional
http://www.legislation.gov.uk/uksi/2020/350/made
But
Here are some technical suggestions to improve the regulations
1.
http://www.legislation.gov.uk/uksi/2020/350/made
But
Here are some technical suggestions to improve the regulations
1.
Regulation 6(1) should be amended so that the prohibition is not the basis of a criminal offence
It instead should trigger a legal power for police to direct a person home or, if there is evidence of serious risk/irresponsibility, *then* there can be a criminal offence
2.
It instead should trigger a legal power for police to direct a person home or, if there is evidence of serious risk/irresponsibility, *then* there can be a criminal offence
2.
This change would reflect best police practice anyway
If a person does not comply with a reasonable direction or meets the seriousness requirement then there is an offence - but not just for leaving the house
3.
If a person does not comply with a reasonable direction or meets the seriousness requirement then there is an offence - but not just for leaving the house
3.
As this is emergency legislation, there should also be a requirement that any prosecution has the approval of the DPP
This will safeguard the public interest for these emergency offences
4.
This will safeguard the public interest for these emergency offences
4.
The fixed penalty regime should not be optional ("may")
Instead it should be the presumption unless there is a compelling reason to depart from the notices
There should also be a way of appealing a notice, short of risking "your day in court".
5.
Instead it should be the presumption unless there is a compelling reason to depart from the notices
There should also be a way of appealing a notice, short of risking "your day in court".
5.
Health reasons should be an express exception, and mental health expressly mentioned
This does not change the law - but will mean vulnerable people can see the law is explicit in protecting them
6.
This does not change the law - but will mean vulnerable people can see the law is explicit in protecting them
6.
Similarly, to escape domestic abuse should also be expressly mentioned as an exception
Again, this is implicit in the "risk of harm" exception but it should be explicit
7.
Again, this is implicit in the "risk of harm" exception but it should be explicit
7.
Re-worked - Regulation 6 can give the police power to issue directions and also to prosecute but only where a seriousness requirement is met, and then with the DPP deciding it is in the public interest
8
8
This is not to say the regulations are beyond more fundamental criticism - but these modest proposals will take much of the unnecessary illiberal edge off the regulations, while not disrupting best police practice
*waves at government*
9 & ends.
*waves at government*
9 & ends.
