Thread Will update blog . Summary of Durham police conclusion is that Dominic Cummings broke the law when he drove to/from Barnard Castle. It’s a confusingly worded statement but they are clear that if he had been stopped on that journey the officer would likely have advised 1/3

him to go back to address in Durham & not moved to enforcement if advice accepted.There is no power of enforcement unless there is a breach of the Regs so it is clear there was a breach. And it’s right that enforcement is a last resort. Durham also found no breach of Regs 2/3

by drive from London to Durham. There are no reasons. My view is this is problematic. The Regs set out that someone could have come to him. The police do state that it is not within their remit to consider if he breached “stay at home” guidance. The clue might be in the title!

Whilst agreeing with the approach of @DurhamPolice not to enforce, it is not the approach that has been applied to people up and down the country. Enforcement has been used quickly against members of the public when it should not have been. All FPNs require review. @MattHancock

Right to add that police would have had to have form a “reasonable belief” that Mr. Cummings broke the law in order to be able to move to enforcement (they would likely have done if he ignored advice). This is a higher test than “reasonable suspicion” required to arrest.

Cummings also would’ve been entitled to say, if he had been stopped, “I’ve a reasonable excuse to be driving as I am driving to check if I’m fit to drive; I’m going to ignore your advice & then direction to go back. I refuse a FPN.Take me to court & let a District Judge decide”

Then he might have experienced the reality of government cuts to the justice system. Although on reflection, the CPS & District Judges getting the law wrong might have worked in his favour. #lawinchaos #emergencylaws

https://www.cps.gov.uk/cps/news/cps-announces-review-findings-first-200-cases-under-coronavirus-laws