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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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