This is an excellent analysis of the new regulations - and I have the same concerns about their lawfulness. I think David is also right that there are arguments each
I was wondering @bricksilk about this the other night before the regulations were available. Seems a stretch to use the Public Health Act power
I think the govt would argue that everyone in the country is now potentially infectious. Some evidence of that. But it's a stretch
What difference does it make, you might ask if the regulations are lawful? Well, if they aren't lawful then in theory - for example - police may not have the powers they think they have to use reasonable force, give fines etc.
Also, restriction to remain at home save for 'essential' reasons may be... unlawful detention, if not supported by legal authority. See e.g. recent case about unlawful curfew
But to warn: we are a long way from that, as may not be deprivation of liberty and regs may be fine
But to warn: we are a long way from that, as may not be deprivation of liberty and regs may be fine
(the quote was from Jollah in the Supreme Court supremecourt.uk/cases/docs/uks… supremecourt.uk/cases/docs/uks…)
