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If the Attorney General @SuellaBraverman has been given that account, including the Barnard Castle eye-test, and feels able to advise the Cabinet with confidence that no breach has occurred, I would respectfully question her powers of legal analysis and judgement.
I mean, it’s one thing to abuse your office by advising on a private criminal legal matter as superintendent of the Crown Prosecution Service, but to get that advice so dreadfully wrong... that’s quite a day at the office.
Even if you thought that there might be an arguable defence worth running, there is no way that any criminal lawyer applying independent judgement could listen to those instructions and advise confidently that there has been no breach.
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The Secret Barrister
@BarristerSecret
Indoors, I should add. The government is happy for you to have sex with up to 5 other people in your garden
(In law, at least. The Guidance, although not the law, requires you all to be two metres apart at the time)
To those asking “was this not illegal before?”, the answer is complicated. Reg 7 (prohibition on gatherings) didn’t apply to gatherings inside a private address. Reg 6 prohibited leaving your house, but *without reasonable excuse*. Excitingly, this meant that... 1/2
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The Secret Barrister
@BarristerSecret
Lots of excitement about “might”.

The reason for this is that the police don’t determine breaches; they form an opinion. If that opinion is disputed, a court will decide.

In this context, “might” means the police concluded it *was*. Hence they say they would have sent him back.
As is demonstrated by the police saying they would have used a power that is only open to them if they consider that a breach has occurred:
Ultimately though, the police views only confirm what was obvious, and won’t change any minds. And they can’t offer any view on breaches of Guidance. Those who want to gaslight the public will continue to do so unabashed. C’est la vie. The bigger issue is the Attorney General.
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The Secret Barrister
@BarristerSecret
So now we have a conflict.

The police, having considered the evidence have expressed the view that Cummings did break the law.

While the Attorney General and superintendent of the CPS @SuellaBraverman immediately endorsed a partisan claim of no legal wrongdoing.

What a mess.
It looks as if no action is to be taken, but had Cummings been issued with a fixed penalty notice, and had he refused to pay, he would have been prosecuted. By the Crown Prosecution Service. Whose independent judgement would have been compromised by the AG’s partisan games.
This, I’m afraid, is a resigning issue for @SuellaBraverman. She has, through a wholesale failure to understand her role as Attorney General, politicised an independent criminal inquiry, presupposing the outcome and embarrassing the CPS.
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