COVID-19 Legal Mythbuster [ARCHIVED Updated 01/06/2020]

1 Jun 2020

This document is correct up to 15/06/2020. The latest version can be found here.

This version superseded the previous versions below:

COVID-19 LEGAL MYTHBUSTER [ARCHIVED 13/05/2020]
COVID-19 LEGAL MYTHBUSTER [ARCHIVED 16/04/2020]

In order to limit the spread of the COVID-19 pandemic, it is essential that individuals physically distance themselves from others. At the same time, it is also essential that we maintain the bonds of social solidarity that hold us together.

The British state has claimed massive powers to limit individual freedoms, which could threaten those bonds of social solidarity. Agents of the state have applied those powers expansively, and often more expansively than the law allows. Recent cases have included people being convicted for crimes that they could not have been guilty of,[i] or for crimes that do not even exist.[ii]

People should stay at home and listen to genuine health advice. Doing that becomes much harder when the state produces contradictory statements about what is and is not allowed. This article corrects many myths that have developed around the law relating to COVID-19, many of which have been caused by the state’s contradictory practices. It sets out the legal position in relation to what you can and cannot legally do. However, just because you can, doesn’t mean you should. And just because you shouldn’t, that doesn’t mean the state can necessarily legally stop you.

The law set out in this document is correct as of 00:00 am on 1 June 2020 and applies to England only. It covers:

  1. Myth: It’s a crime for me to leave my home more than once per day
  2. Myth: The police can stop me buying things that aren’t essential
  3. Myth: I’m only allowed to exercise for 30 minutes, once a day
  4. Myth: I can only do types of exercise involving going from A to B
  5. Myth: Only one person from each household can go shopping at a time
  6. Myth: It’s a crime to be out of the house except for specific reasons
  7. Myth: It’s a crime to sit down in the park
  8. Myth: It’s a crime to drive somewhere in order to exercise
  9. Myth: It’s a crime to be closer than 2m to someone not from your household
  10. Myth: It’s a crime to use a communal garden
  11. Myth: Only essential workplaces can stay open
  12. Myth: It’s a crime to leave the house for “non-essential” work
  13. Myth: Funerals have been banned
  14. Myth: I have to talk to the police or provide my name and address if asked
  15. Myth: I have to comply with police instructions
  16. Myth: The police have to give Fixed Penalty Notices for COVID-19 crimes
  17. Myth: The police can demand to see proof of my work before I can use the Tube
  18. Myth: If people are outside I should report them to the police

Changes between versions

 Version  Date  Changes
1.0 17/04/2020 Initial version – 17 myths
2.0 22/04/2020 Incorporated new regulations that came into effect at 11:00 on 22 April 2020. These make it an offence not just to leave home without reasonable excuse, but to be outside of your home without reasonable excuse.  This is a significant extra restriction.

Updated the list of businesses that are open and closed based on the Restrictions Regulations.

Updated the restrictions on funerals, crematoria, burial places, and gardens of remembrance, as the restrictions on attending open air funerals has eased.

Added new section “The police can demand to see proof of my work before I can use the Tube.

Simplified some wording.

2.1 23/04/2020 Added this table of changes between versions.
3.0 12/05/2020 Incorporated new regulations that came into effect on 13 May 2020. These new regulations:

Relax some of the restrictions on public gatherings;

Relax some of the restrictions on exercise;

Allow key workers to be accommodated in hotels etc;

Allow outdoor sports courts and garden centres to open.

4.0 01/06/2020 Incorporated new regulations that came into effect on 1 June 2020. These new regulations:

Remove the restricting on leaving and being outside your home;

Permit certain gatherings in public and private places;

Allow some businesses to re-open;

Permit the use of certain premises for childcare;

Limit some of the enforcement provisions.

Myth: It’s a crime for me to leave my home more than once per day

The Coronavirus Restrictions Regulations[iii] originally made it a crime to leave the place where you live without reasonable excuse.[iv] On 22 April 2020 this was changed to make it also a crime to be outside of the place where you live without reasonable excuse.[v] There was no limit to the number of times you could leave your home each day, as long as you had a reasonable excuse on each occasion.

However, as of 1 June 2020, it is now not a crime to leave your house at all.[vi]  It is only a crime to stay overnight at any place other than the place where you live, without reasonable excuse. The Coronavirus Restrictions Regulations provide examples of reasonable excuses.[vii]

People who are homeless are not, and have never been, affected by these restrictions.

Myth: The police can stop me buying things that aren’t essential

The police have some powers to enforce the Coronavirus Restrictions Regulations. However, despite what some police officers might have thought,[viii] it is not and has never been a crime to buy non-essential items in shops, and the police have never had a power to stop you doing so.

As of 1 June 2020 there is no restriction whatsoever on leaving or being outside of your home.

Myth: I’m only allowed to exercise for 30 minutes, once a day

As of 1 June 2020 there is no restriction on the reasons for which you may leave or be outside of your home, or the number of times you can do so.

Myth: I can only do types of exercise involving going from A to B

As of 1 June 2020 there is no restriction on the reasons for which you may leave or be outside of your home, or the number of times you can do so.

Myth: Only one person from each household can go shopping at a time

Some shops have prevented people from going to the shops together. However, there is no law that prevents more than one person from the same household going to the same shop at the same time.

However, it may help to prevent the spread of COVID-19 if fewer people do the shopping for each household. This is a matter of common sense, not law.

Myth: It’s a crime to be out of the house except for specific reasons

The Coronavirus Restrictions Regulations originally made it an offence to “leave” the place where you live without reasonable excuse. On 22 April 2020 the government changed the Coronavirus Restrictions Regulations to include being “outside of” the place where you live.  Certain reasons for leaving or being outside the place where you lived were explicitly listed as reasonable excuses. However, other reasons could, in appropriate circumstances, also be reasonable excuses.

However, from 1 June 2020 everyone is allowed to leave and be outside of the place where they live, whatever their reason for doing so. The only restriction now is on staying overnight at a place other than the place where you live, without a reasonable excuse.

Myth: It’s a crime to sit down in the park

From 1 June 2020 you can go to a park for any reason, and do whatever you want there on your own, with other members of your household, or in a group of up to 6 people.[ix]

Myth: It’s a crime to drive somewhere in order to exercise

From 1 June 2020 you can drive for any reason, including to exercise.[x]

Myth: It’s a crime to be closer than 2m to someone not from your household

In most circumstances it is an offence to have a gathering of more than 6 people outdoors.[xi]  However, this is meant to deal with groups meeting up, rather than people crossing paths in the street.  Despite what the Prime Minister announced when he stated that he was easing lockdown restrictions, there is no law that says that you have to remain a certain distance from others when in public, including when gathering as part of a social occasion.  However, it is good sense to do so, to protect yourself and others.

Myth: It’s a crime to use a communal garden

From 1 June 2020 the Coronavirus Restrictions Regulations make it an offence to be part of an outdoor gathering of more than 6 people except for where everyone in the gathering is from the same household.[xii] However, an outdoor gathering of up to 6 people can take place anywhere, including a communal garden.

Myth: Only essential workplaces can stay open

The government has not forced all non-essential workplaces to close.

On 20 March 2020 the Prime Minister announced on national television that he was “ordering” pubs, clubs, and restaurants to close across the country.[xiii] Despite the authoritative tone he took, at that point in time he had no power to close these businesses.

However, the Coronavirus Business Closure Regulations[xiv] came into effect at 2:00 pm the next day.[xv] These regulations required the closure of many businesses in England,[xvi] and made it a crime for the owners, proprietors, or managers of those businesses to re-open them.[xvii] Restaurants, cafes, bars, and pubs were all forced to close or turn themselves into takeaways,[xviii] and many other businesses were forced to close entirely.[xix]

Events moved faster than the government appeared to expect, and on 26 March 2020 the Coronavirus Restrictions Regulations[xx] were passed, which revoked the Coronavirus Business Closure Regulations.[xxi] The Coronavirus Restrictions Regulations re-enacted the requirement to close restaurants, cafes, bars, and pubs (except for takeaway service),[xxii] and added further businesses to the list of business required to close completely.[xxiii]

Most shops (and libraries) were also required to close except for providing deliveries, and were required to prevent access (even by their own workers) to anyone not required to provide the delivery service.[xxiv] Those shops allowed to remain open completely originally included those selling essential items such as food, medicine, and fuel, but by 1 June 2020 this list had been considerably widened.[xxv]

The Coronavirus Restrictions Regulations also placed further restrictions on other businesses. Hotels and the like were forced to close, except where necessary to provide accommodation to certain categories of people who had no alternative accommodation[xxvi] (and, from 13 May 2020, to key workers[xxvii]). Additionally, certain locations providing public services were closed. Places of worship can only be used for funerals, broadcasts of acts of worship, provision of voluntary services, and (from 1 June 2020) provision of early years childcare.[xxviii] Community centres can only be used to provide essential voluntary activities, urgent public support services, such as food banks, or (from 1 June 2020) early years childcare.[xxix]

However, if a workplace does not appear on the list of closed workplaces, it is allowed to remain open.

Importantly, the British government has not forced the closure of many non-essential workplaces, most worryingly construction sites[xxx] and call centres,[xxxi] where physical distancing is impossible. This fact has been unsurprising to some, who have pointed out that the Conservative Party is in receipt of massive levels of funding from bosses, particularly in the construction industry.[xxxii] Nonetheless, until the government enacts legislation that forces them to close, they are entitled to continue to stay open.

Myth: It’s a crime to leave the house for “non-essential” work

From 1 June 2020 you can leave the place where you live for any reason, including work.

There are a limited number of reasons for which you can stay overnight somewhere other than the place where you live. These reasons include it being reasonably necessary for work purposes, including voluntary work.[xxxiii]

However, if a boss is forcing you to travel to perform non-essential work, you should consider joining a union and taking collective action to force them to stop this. In the legal sector, the Legal Sector Workers Union,[xxxiv] part of United Voices of the World, has successfully led workplace struggles in this context. The TUC’s Find a Union tool can help you work out the right union for other workplaces.[xxxv]

Myth: Funerals have been banned

There is no legal ban on funerals. However, there are some national restrictions. Crematoria can only be opened to those attending funerals or burials, but the grounds surrounding a crematorium, including any burial ground or garden of remembrance, can stay open.[xxxvi] Places of worship can still be used for funerals,[xxxvii] but many have already closed. For example, the Church of England has limited attendance at funerals to “immediate family” and banned funerals from taking place in churches.[xxxviii] Many local authorities have placed limits on how funerals can take place.[xxxix]

It is a crime to stay overnight somewhere other than the place where you live without a reasonable excuse. However, it is always a reasonable excuse for staying overnight if you do so to attend a funeral, if the deceased was a member of your household or close family. If no members of the household or close family of the deceased attend the funeral, then it is a reasonable excuse to stay overnight somewhere other than the place where you live to attend the funeral if the deceased was your friend.[xl]

Additionally, it might be a reasonable excuse to stay overnight somewhere other than the place where you live to attend the funeral of someone who didn’t fall into the categories of household, close family, and friend. This will depend on the circumstances, and has not yet been authoritatively tested in court. Examples of people for whom it might be a reasonable excuse to attend a funeral include partners of the deceased or spiritual advisors.

Until there is further legal guidance on this point, it would be better to err on the side of caution. In any event, to avoid the further spread of infection of COVID-19, everyone should avoid large gatherings where possible. Alternatives to attending funeral services in person are likely to impact on whether staying overnight to attend a funeral is reasonable. In particular, funeral services can be livestreamed or recorded where the facilities to do this are available, and memorials can be held after the current pandemic is over.

Myth: I have to talk to the police or provide my name and address if asked

It is rarely in your interests to talk to the police. You are almost never required to do so. If you have not been lawfully arrested or detained then you are entitled to walk away from the police or ignore them. You do not have to explain to the police why you are out of the house.

During the COVID-19 pandemic you are not required to provide your name or address to the police in any circumstances where you normally would not have to. The police have no general power to force you to give your name and address. They may be able to force you to give your name and address when you are driving[xli] or if they have reason to believe that you have engaged in anti-social behaviour in a public place (which means causing people harassment, alarm, or distress).[xlii]

If the police want to give you a Fixed Penalty Notice (“FPN”), then refusing to give your name and address is likely to lead to you being arrested.

If you have been detained as a “potentially infectious person” and been screened and assessed by a public health officer, then you can be required by police to answer questions.[xliii] However, this will not happen in the course of an encounter on the street, and is likely to be an extremely rare event.

Myth: I have to comply with police instructions

A police constable or PCSO can direct you to go home, but only if it is necessary and proportionate to do so and they consider that you are staying overnight somewhere other than the place where you live without a reasonable excuse. [xliv] Police officers do not get to decide for themselves what is a reasonable excuse – that is a matter of law. If you do not comply with a lawful direction then they can issue an FPN, or arrest you. However, following changes made on 1 June 2020, their power to remove you to your home has been taken away.[xlv]

Police constables and PCSOs have similar powers to direct people to disperse and go home if they consider that there is an illegal gathering of more than 6 people not all of the same household outdoors, or any number of people not of the same household indoors. It still has to be necessary and proportionate for them to exercise that power. They can, however, remove to their homes people in illegal gatherings in public places.[xlvi]

Separately, the Coronavirus Act 2020 Schedule 21[xlvii] applies to all “potentially infections persons”. In light of the pandemic nature of COVID-19, almost everyone who has not previously tested positive for COVID-19 and subsequently tested negative could be considered “potentially infectious persons”.

Public health officers have the power to give to a person they have reasonable grounds to believe is potentially infected, directions to go to a place for screening or assessment.[xlviii] The power can only be exercised where it is necessary and proportionate in the interests of the person being directed, for the protection of others, or for the maintenance of public health. Similar powers are given to the police and immigration officers.[xlix] The National Police Chiefs’ Council has issued guidance stating that use of this power “should be the absolute exception”.[l]

It is an offence to fail to comply with the instructions of police officers without reasonable excuse, or obstruct them in the course of their duties, when they are exercising powers under Schedule 21.[li] Offences can be punished by fines of up to £1,000 on summary conviction in a magistrates’ court.

However, the powers under Schedule 21 are meant to be limited to the very rare cases of forcing someone to undergo testing and treatment. They do not apply to someone who is simply not in their own home.

Myth: The police have to give Fixed Penalty Notices for COVID-19 crimes

Police constables and Police Community Support Officers (“PCSOs”) (as well as some other authorised persons) have the power to deal with suspected breaches of the Coronavirus Restrictions Regulations by issuing Fixed Penalty Notices (“FPNs”) to adults.[lii] The amount of the FPN is £100,[liii] and if it is paid within 14 days it is reduced to £50.[liv] If a person is given a second or subsequent FPN, the amount of the FPN doubles for each subsequent FPN, up to a maximum of £3,200.[lv] (Before 13 May 2020 the FPN amount was £50; £30 if paid within 14 days, and a maximum amount for repeat offences of £960.)

However, the police do not have to issue FPNs. The College of Policing have stated that “enforcement should be a last resort”.[lvi] The steps the police should undertake are to “Engage, Explain, Encourage, Enforce”. This means that the police are required to be “flexible, discretionary and pragmatic” in their approach, and should not start with enforcement.

If the police want to use their enforcement powers and don’t want to issue an FPN, they can choose to arrest a person instead.[lvii] They can do this for example to obtain the person’s name and address, to investigate any suspected offence, or to prevent the person disappearing. They can then provide the case to the CPS for prosecution.[lviii]

If you are arrested always ask for a lawyer in the police station. They are free and getting a lawyer won’t keep you in the police station any longer.

Even if you are given an FPN, you do not have to pay it. You can require the case to be taken to court instead, and insist on your right to a trial in the magistrates’ court.

Myth: The police can demand to see proof of my work before I can use the Tube

TfL have stated that their services are “for people making absolutely essential journeys”.[lix] At many stations similar signs have been displayed. However, the “Conditions of Carriage” for buses and the Tube (which is part of the contract that you enter into with TfL when you buy a ticket) do not limit who is allowed to make journeys. The Conditions of Carriage were updated on 20 April 2020, and they state that, “You can use any of our services if you have a valid ticket”.[lx]

The TfL Railway Byelaws are a set of laws that apply to the Tube. They state that signs can be put to up limit entry to parts of the Tube to certain people.[lxi] It is a crime punishable by a fine of up to £1,000 to go into an area of the Tube that you don’t have permission to go in.[lxii] Therefore, TfL could in theory put up signs that make it a crime to enter the Tube if you are not a key worker. However, there is no evidence that they have in fact done this.

TfL staff and British Transport Police can require you to give your name and address if they reasonably suspect you have broken the TfL Railway Byelaws, but they must tell you why you are doing this.[lxiii] It is a crime punishable by a fine of up to £1,000 for you not to give your name and address if legally required to.

However, neither the police nor TfL staff can legally make you prove that you are going to work, or going to a certain type of work. The police cannot legally refuse you entry to the Tube simply because you cannot prove that you are going to work.

Myth: If people are outside I should report them to the police

We should use the COVID-19 crisis as an opportunity to build bonds of social solidarity. We should look out for each other, not spy on each other.

Think very carefully before calling the police, particularly on young and vulnerable people, and on those from ethnic minority communities who suffer disproportionate levels of police intimidation and violence.[lxiv] There are many reasons why people may be outside:

  • They may have to go to work;
  • Home is not safe for everyone;
  • People from the same household could be out together in a group;
  • People are delivering items for vulnerable people.

All of these people and others may have no choice but to be outside, and can be harmed if you call police.

Look out for your family, friends, neighbours, and wider community, especially in difficult times. You do not have to report others to the police, and there is no benefit to you in spying on your neighbours.

If someone is in immediate physical danger from others, then call 999.

If you’re concerned about police behaviour you have seen, then please contact:

Stephen Knight
One Pump Court Chambers
15 April 2020
Updated 1 June 2020

 

[i] On 28 March 2020 a man in London was arrested and later convicted for an offence of failing to comply with police instructions, despite this not being an offence; his conviction was later set aside: https://www.theguardian.com/uk-news/2020/apr/14/man-wrongly-convicted-under-coronavirus-law-met-police-admit.

[ii] On 30 March 2020 a woman was taken to court for an offence that did not exist; without even entering the court room she was convicted by the judge in a wholly unlawful procedure; only outrage by public spirited lawyers led to her conviction being vacated: https://www.independent.co.uk/news/uk/crime/coronavirus-marie-dinou-lockdown-stay-at-home-loitering-arrest-fine-police-a9444311.html.

[iii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

[iv] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 regs 6 and 9(1)(b) as originally enacted.

[v] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 regs 6 and 9(1)(b) as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 reg 2(4)(a) on 22 April 2020.

[vi] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 6(1), as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(6).

[vii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 6(2), as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(6).

[viii] Cambridge Police were rightly criticised for checking whether people were in the “non-essential aisles” of a supermarket: https://news.sky.com/story/coronavirus-cambridge-police-checks-no-one-is-in-non-essential-aisles-at-supermarket-11971517.  They later recognised that they have no power to do this.

[ix] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 7(1) as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(7).

[x] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 6(1) as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(6).

[xi] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 7(1) as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(7).

[xii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 7(1) as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(7).

[xiii] See https://www.theguardian.com/world/2020/mar/20/london-pubs-cinemas-and-gyms-may-close-in-covid-19-clampdown, accessed 15 April 2020.

[xiv] Health Protection (Coronavirus, Business Closure) (England) Regulations 2020.

[xv] Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 reg 1(1).

[xvi] Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 reg 1(2).  This is a devolved matter, so businesses in Scotland, Wales, and Northern Ireland were closed by Regulations affecting only those countries.

[xvii] Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 reg 3.

[xviii] Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 reg 2(1).

[xix] Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 reg 2(4).  The complete list of closed businesses set out in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 Schedule 1 Part 2 was: cinemas; theatres; nightclubs; bingo halls; concert halls; museums and galleries; casinos; betting shops; spas; massage parlours; indoor skating rinks; and indoor fitness studios, gyms, swimming pools or other indoor leisure centres.

[xx] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

[xxi] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 2.

[xxii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 4 and Schedule 2 Part 1.

[xxiii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 4(2) and Schedule 2 Part 2 as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 reg 2(7)(a) to (c), the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 reg 2(5), and the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(9)(a).  The list of businesses required to close is (as of 1 June 2020) as follows: cinemas; theatres; nightclubs; bingo halls; concert halls; museums and galleries; casinos; betting shops; spas; nail, beauty, hair salons and barbers; massage parlours; tattoo and piercing parlours; skating rinks; indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities including  indoor  games,  recreation  and entertainment venues; funfairs (whether outdoors or indoors), theme  parks and  adventure  parks  and activities; playgrounds, indoor sports courts (but from 13 May 2020, but not outdoor sports courts) and outdoor gyms and swimming pools; auction houses (except for livestock auctions); social clubs; model villages; aquariums and zoos, including safari parks; visitor attractions at farms; and indoor attractions at visitor attractions such as botanical or other gardens, biomes or greenhouses, heritage sites or film studios, and landmarks, including observation wheels or viewing platforms.

[xxiv] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 5(1).

[xxv] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 5(1) and Schedule 2 Part 3 as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 reg 2(7)(d), the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 reg 2(5), and the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(9)(b).  The full list of shops that are allowed to remain open (as of 13 May 2020) are: food retailers, including food markets, supermarkets, convenience stores and corner shops; off licences and licensed shops selling alcohol (including breweries); pharmacies (including non-dispensing pharmacies) and chemists; newsagents; homeware, building supplies and hardware stores; petrol stations; car repair and MOT services; bicycle shops; taxi or vehicle hire businesses; banks, building societies, credit unions, short term loan providers, savings clubs, cash points, money exchange bureaux, money transfer officers, and cheque cashing offices; post offices; funeral directors; laundrettes and dry cleaners; dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health; veterinary surgeons and pet shops; agricultural supplies shops; storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of one of these businesses; car parks; public toilets; garden centres; outdoor sports courts or  amenities, including  water  sports,  stables, shooting and archery venues, golf courses and driving ranges; outdoor markets (but not indoor markets); and showrooms  and  other  premises,  including  outdoor  areas,  used  for  the  sale  or  hire  of caravans, boats, or any vehicle which can be propelled by mechanical means.

[xxvi] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 5(4).

[xxvii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 5(4)(aa) as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 reg 2(2).

[xxviii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 regs 5(5) and 5(6), as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(5)(b).

[xxix] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 5(7) as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(5)(c).

[xxx] https://www.itv.com/news/2020-03-25/boris-johnson-under-pressure-to-stop-non-essential-construction-work-amid-coronavirus-crisis/

[xxxi] https://www.theguardian.com/business/2020/mar/25/businesses-ask-for-clarity-confusion-uk-lockdown-open-staff

[xxxii] See the Electoral Commission’s returns at search.electoralcommission.org.uk.

[xxxiii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 6(2)(d)(i) as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(6).

[xxxiv] https://www.uvwunion.org.uk/legalsectorworkers.

[xxxv] https://www.tuc.org.uk/join-union.

[xxxvi] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 5(8) and (8A), as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 on 22 April 2020. Previously, reg 5(8) required that the crematoria as a whole be closed except for funerals and burials.

[xxxvii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 regs 5(5) and 5(6).

[xxxviii] https://www.churchofengland.org/more/media-centre/coronavirus-covid-19-guidance-churches#na accessed 15 April 2020

[xxxix] By 6 April 2020 Leeds, Bradford, and Kirklees councils were reported to have said that families would no longer be able to attend services at crematoria, and that burial services at gravesides could only take place with a maximum of 10 mourners, observing physical distancing guidelines: https://www.theguardian.com/world/2020/apr/04/uk-councils-begin-to-ban-funeral-ceremonies-due-to-coronavirus

[xl] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 6(2)(a), as substituted by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(6).

[xli] Road Traffic Act 1988 s 165.

[xlii] Police Reform Act 2002 s 50.

[xliii] Coronavirus Act 2020 Schedule 21 para 14.

[xliv] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 8 as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(8).

[xlv] Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 reg 2(8)(a)(iii).

[xlvi] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 8(9)(c).

[xlvii] The Coronavirus Act 2020 s 51 gives effect to Schedule 21.  Schedule 21 in turn applies where the Secretary of State for Health has made what is known as a “serious and imminent threat declaration” (Schedule 21 para 4); this was made on 10 February 2020, and pursuant to Schedule 21 para 24(3) remained in force after the entry into force of Schedule 21.

[xlviii] Coronavirus Act 2020 Schedule 21 para 6.

[xlix] Coronavirus Act 2020 Schedule 21 para 7.

[l] https://www.college.police.uk/What-we-do/Support/Health-safety/Documents/Coronavirus-Act-2020-030420-public.pdf accessed 15 April 2020.

[li] Coronavirus Act 2020 Schedule 21 para 23.

[lii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 10(1).

[liii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 10(6) as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 reg 2(4)(a).

[liv] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 10(7)(a) as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 reg 2(4)(b)(i).

[lv] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 10(7)(b) as amended by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 reg 2(4)(b)(ii).

[lvi] https://www.college.police.uk/Documents/COVID-19-Police-brief-in-response-to-Coronavirus-Government-Legislation.pdf

[lvii] Police and Criminal Evidence Act 1984 s 24.

[lviii] Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 reg 11.

[lix] https://twitter.com/TfL/status/1252560743549087744 accessed 22 April 2020.

[lx] Transport for London Conditions of Carriage – Bus and Underground Services para 2.2.  Available at http://content.tfl.gov.uk/tfl-conditions-of-carriage.pdf accessed 22 April 2020.

[lxi] Transport for London Railway Byelaws byelaw 13(1).

[lxii] Transport for London Railway Byelaws byelaw 23.

[lxiii] Transport for London Railway Byelaws byelaws 22 and 28.

[lxiv] For example, in the Metropolitan Police area in 2018 black people were 4.3 times more likely to be stopped and searched than white people https://www.theguardian.com/law/2019/jan/26/met-police-disproportionately-use-stop-and-search-powers-on-black-people.  In 2017, black people were considerably more likely to die following restraint in police custody than white people https://www.theguardian.com/uk-news/2018/jul/25/highest-number-of-people-in-a-decade-die-in-police-custody.

[lxv] This section has been adapted from a document produced by NetPol.

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