Coronavirus: What powers do police have if people break Covid rules?
By Dominic Casciani
Home and legal correspondent
- Published
The police's role in the coronavirus pandemic is simple: to ensure we follow the national lockdown restrictions imposed since Christmas.
But in practice, that is a huge challenge for officers who are being asked to monitor behaviour that, until March last year, was perfectly legal.
How do police enforce Covid rules?
Since March, police chiefs have followed a system called "The Four Es". Before fines are issued to rule-breakers, police will first:
- Engage with people, to ask why they appear to be breaking the rules
- Explain the law, stressing the risks to public health and to the NHS
- Encourage them to change their behaviour
The fourth "E" is "Enforce" by issuing penalty notices, as a last resort. And it's looking like there will be more of these fines in this critical New Year lockdown if people do not comply with the measures to contain the virus.
What are the fines for breaking Covid rules?
The police have a legal duty to make sure the rules are enforced, alongside council, environmental health and trading standards officers.
If you break coronavirus regulations, you could get a fixed penalty notice , the Covid equivalent of a parking ticket. Since March, some 32,000 have been issued in England and Wales.
In England, Wales and Northern Ireland fines start at £200 - but are lower in Scotland.
Large parties can be shut down by the police - with fines of up to £10,000.
In extreme circumstances, you could be prosecuted and face an even greater fine imposed by a court. Jeremy Corbyn's brother, Piers, is among those who have ended up in court. Similar rules apply in all parts of the UK.
Can police fine me for being in the street?
Yes. All of England is now in a "tier four" national lockdown, with similar measures in place across the rest of the UK.
Under the new lockdown law, you must stay at home unless you have a reasonable excuse to be outside. Your home includes any property associated to it - such as a garden, shed or garage - and also access to it.
The government's lockdown guidance sets out examples of reasonable excuses which are defined in the law. Police won't fine you for leaving home to go shopping for essential goods, or to obtain a service from a business that can remain open, or for going to work or education, training or childcare.
There are other reasonable excuses - such as helping other people in their moment of need - and police chiefs are telling frontline officers to use their judgement if they come across a situation that's not defined in the regulations.
If you want to take part in a protest, the law does not define that as a reasonable excuse to leave home. There is, however, an exception for joining a picket as part of lawful industrial action.
Will police arrest me for exercising?
No. There was enormous confusion last March over how long people could exercise for - and where - leading to Cabinet Minister Michael Gove pronouncing that he thought half an hour was enough.
Exercise is one of the reasonable excuses for being outside in a public space. There are no restrictions in law in England on how you exercise and for how long - other than you cannot do it in groups. So you can run or go on a wander with someone else from your household, support bubble or, critically, one person you don't live with.
While the law does not make it a crime to sit on a park bench, if you can't show you're doing it as part of exercise, you might be questioned, told to move on - or face a fine.
Will the police fine me for mingling?
They might. This refers to the ban on "gatherings".
The last-but-one version of the restrictions made it a potential crime to "mingle". That language has now gone from the law - but the rules are far stricter.
While the law in England doesn't criminalise bumping into someone in the street, you can no longer meet anyone socially - other than those in your household, support bubble or people you care for.
People can enter your home for specific and reasonable purposes, such as for an emergency, or to carry out work.
Even if I break the rules, how likely am I to be fined?
The Home Office has given the police an extra £30m to pay for specific Covid patrols in England and Wales.
And over the Christmas period there were more than 800 fines for what Home Secretary Priti Patel says were "egregious" breaches of the rules.
The National Police Chiefs' Council hasn't abandoned the Four Es - but expect more fines and more officers asking people what they are doing.
For instance, the Metropolitan Police has told officers to issue fines "more quickly" to anyone committing obvious, wilful and serious breaches.
Derbyshire Police, who famously put a drone up over hikers in the first lockdown, has issued a similar warning.
Can police make me cover my face?
Yes - while in shops and on public transport. You could face a fixed penalty notice if you don't.
Can police check whether I'm isolating?
If you have returned from an overseas Covid hotspot, or have been told by the NHS Test and Trace system to stay at home, you must quarantine for 10 days.
The police can now check the NHS Test and Trace database to investigate a tip-off about a quarantine-breaker. Police won't get to see your personal health records.
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