Coronavirus and new criminal offences

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (the “Regulations”) came into effect in England on the 26th March 2020. The Regulations restrict movement and close certain business premises during the emergency period.

What restrictions are there on movement?

Regulation 6 makes it an offence for any person to leave the place where they are living without reasonable excuse during the emergency period.

Regulation 6(2) gives some examples of what a reasonable excuse includes Although not an exhaustive list, these include:

1. To obtain basic necessities (including food and medical supplies);

2. To take exercise (either alone or with other members of your household);

3. To travel for the purposes of work where it is not reasonably possible to work from home;

4. To attend court or satisfy bail conditions; and

5. To avoid injury or illness or escape a risk of harm.

Regulation 6(2) lists more examples.

What restrictions are there on gatherings?

Regulation 7 prevents people participating in a gathering in a public place of more than two people during the emergency period except:

1. Where all persons in the gathering are members of the same household; or

2. Where the gathering is essential for work purposes; or

3. To attend a funeral; or

4. Where reasonably necessary:

a. To facilitate a house move; or

b. provide care or assistance to a vulnerable person; or

c. To provide emergency assistance; or

d. To participate in legal proceedings or fulfil a legal obligation.

A relevant/authorised person (which includes a constable or police community support officer) may direct the gathering to disperse and direct or remove any person in the gathering to return to the place where they are living (Regulation 8(9)).

Anybody who contravenes this requirement without a reasonable excuse commits an offence.

What restrictions are there on business premises?

Regulation 4 requires restaurants, cafes, bars, pubs, and other businesses listed in Part 1 of Schedule 2 to close any premises in which food or drink are sold for consumption on the premises and cease selling food or drink for consumption on its premises during the emergency period. Cinemas, theatres, gyms, swimming pools and other businesses listed in Part 2 of Schedule 2 are required to stop carrying on the business and service during the emergency period. Regulation 5 provides for further restrictions on some businesses.

A relevant person may give a prohibition notice to a person if they reasonably believe they are contravening a requirement in Regulation 4 or 5 and it is necessary and proportionate to do so (Regulation 8(2)).

A person who contravenes this requirement without reasonable excuse commits an offence.

What punishments are available?

An authorised person may issue a fixed penalty notice to anyone over 18 that they reasonably believe has committed an offence under the Regulations mentioned above.

Anybody who receives a fixed penalty notice has the opportunity of discharging any liability to conviction for the offence by paying the fixed penalty within 28 days following the date of the notice. The first fixed penalty notice will be £60, but if it is paid within 14 days it is £30. If somebody receives a fixed penalty notice for another breach of the Regulations, the second fixed penalty notice will be £120. Each time afterwards, the amount can be doubled to a maximum of £960. An offence under the Regulations is punishable on summary conviction by a fine (Regulation 9(4)).

How long will the Regulations be in force for?

The emergency period will end when the Secretary of State terminates the restriction or requirement (Regulation 3(b)).

Contact Fortitude Chambers to discuss this or any other legal issue with our barristers.