Troubling video. Religious gatherings are lawful with no numbers limits save for what a risk assessment combined with government guidance safely permits. If police had done that analysis and concluded there were too many people, then OK, but did they? 1/3
There is a right to manifest religion contained in primary legislation and should only be interfered with if the interference is proportionate. Did the police understand this? Did they consider alternatives such as asking excess numbers to leave? Ask people to put on masks 2/3
Or did they get a report of lots of people, some not wearing masks, and make a snap decision? On Good Friday of all days. My worry when I see this is not just what is in the video but all the times this kind of thing must have happened without us knowing during the pandemic 3/3
This is plausible under the current restrictions, which mandate a negative test, further test, & 10 days’ self-isolation for visitors from non-Red List countries BUT don’t require the visitor to be coming for any particular reason (as is the case for citizens leaving the UK) 1/3
Coming to the UK as a tourist has become a lot easier since 29 March when the ‘leave/be outside home without a reasonable excuse’ restriction was removed as there is no longer any (even potential) legal ban on tourism to the UK. 2/3
The net effect is that it is illegal for a UK resident to leave the UK for a holiday but legal for a non-UK resident from a non red list country to enter and be in the UK for a holiday as long as they self-isolate and test 3/3
A lot of police officers fairly saying at the time of @ReclaimTS vigil report that HMICFRS has previously been critical of police. But this whistleblower suggests they have a particular political agenda when it comes to peaceful protest.
This also highlights how unclear the law remains. There is an exception for gathering if they protest organiser has submitted a risk assessment etc. But how is a *participant* to know whether the risk assessment has been submitted or is sufficient?
No doubt police will treat a protest which has become what they consider to be a public health risk as illegal. But if the organiser has gone through the necessary precautions, there is no illegality. Again, too much is in the hands of the police who are not public health experts
You may notice my view is basically: I can see the serious risks to liberties, I can see some possible benefits, as a policy it’s more justifiable in care homes than pubs. If it makes lockdowns less likely then I don’t think it can be fully discounted by libertarian arguments.
It is obvious now (if it wasn't before) that the Metropolitan Police were confused about the law even after the Holgate judgment on Friday afternoon.
What has been the impact of getting the law on the right to protest wrong during this lockdown?
As I and other lawyers acting for @ReclaimTS have said, the Met Police did not fully understand their legal duties to facilitate safe, peaceful protest.