THREAD: A humble attempt to explain why I say there was no power to arrest or charge or prosecute or convict Ms. Dinou under Schedule 21 para 23(1)(a) and (2) of the Coronavirus Act 2020.
1. details of the charge: "you failed to provide BTP officers with your identity or
1. details of the charge: "you failed to provide BTP officers with your identity or
reasons for your journey; you failed to comply with a requirement imposed under Sch 21
2. "Schedule 21 contains powers relating to "potentially infectious persons" i.e. person who is or may be infected/ contaminated with coronavirus or has been in an infected area 14 days before
2. "Schedule 21 contains powers relating to "potentially infectious persons" i.e. person who is or may be infected/ contaminated with coronavirus or has been in an infected area 14 days before
3. Ms Dinou was not considered to be potentially infectious. This is key.
4. Plus powers re. a potentially infectious person incl:
i. where a public health officer has reasonable grounds to suspect person is potentially infectious s/he can direct or remove a person to a place
4. Plus powers re. a potentially infectious person incl:
i. where a public health officer has reasonable grounds to suspect person is potentially infectious s/he can direct or remove a person to a place
for assessment/screening;
ii. or request police to remove the person to a place suitable for screening/assessment (s.6(2)(c)).
iii.Safeguards (s.6(3): "only if necessary and proportionate to do so".
5.If police have reasonable grounds to suspect a person
ii. or request police to remove the person to a place suitable for screening/assessment (s.6(2)(c)).
iii.Safeguards (s.6(3): "only if necessary and proportionate to do so".
5.If police have reasonable grounds to suspect a person
is potentially infectious (s.7) they may direct or remove the person to place for assessment/screening.
6. Same safeguards (s.7(3)).
7.Police must inform person reason removing them & is offence if refuse to comply.
8.Powers to detain in place of assessment/screening (s.8-13).
6. Same safeguards (s.7(3)).
7.Police must inform person reason removing them & is offence if refuse to comply.
8.Powers to detain in place of assessment/screening (s.8-13).
9.Powers exercisable after assessment (s. 14 -17).
10. s. 23 (para which is the charge): an offence if fails without reasonable excuse to comply with directions, reasonable instruction, requirement or restriction imposed under this Part of the Schedule i.e. above. None applies.
10. s. 23 (para which is the charge): an offence if fails without reasonable excuse to comply with directions, reasonable instruction, requirement or restriction imposed under this Part of the Schedule i.e. above. None applies.
If you're still with me - the Health Protection (Coronavirus, restrictions) Regulations 2020 are the emergency regulations. They are made under the Public Health (Control of Disease) Act 1984. The main prohibition on freedom of movement is reg. 6. This wasn't used in this case.
