Has anyone got to the bottom as to whether there would be any way of retrospectively prosecuting (seems unlikely because of 6-month rule) or giving a fixed penalty notice for the No.10 parties? There used to be saving provisions for fixed penalty notices bbc.co.uk/news/uk-politi…
I'm sorry, the tweet above is wrong - the time limit is 6 months beginning on the date the prosecutor thinks it is sufficient to justify proceedings comes to the prosecutor's knowledge. See the CPS charging guidance (thanks to the person who sent it to me) cps.gov.uk/legal-guidance…
So in theory an offence last Christmas which only came to the CPS's knowledge recently could be prosecuted.
I don't know about Fixed Penalty Notices as I would need to look at the saving provisions to see if they can still be imposed.
Missed out the word “evidence” in second tweet
This appears to be answer about fixed penalty notices -still available
So, both a £10,000 fixed penalty notice, and a prosecution under the regulations in place at the time, are at the least possible.
There is one more barrier, which is the possibility that the Covid regulations didn't apply to No. 10 because of section 73 of the Public Health Act which *may* mean Crown Property isn't caught by the regulations without an agreement. But it's obscure
By which I mean the meaning of section 73 is obscure. I am not convinced it is obvious the regulations wouldn't apply to crown property and I think this would have to be resolved by a court unless a specific agreement applies
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Yes there is no legal issue with bringing prosecutions - or giving out fixed penalty notices - for something that happened a year ago. But the police have said before that they don't tend to look retrospectively at Covid offences... (1/2)
... but I know from my own work that police definitely do retrospectively investigate Covid offences, e.g. I had a client who allegedly escaped hotel quarantine who was investigated afterwards. It's discretionary (2/2)
I think, to be fair to the Met, there is a public interest point in putting Covid issues behind us and not encouraging thousands of "neighbour on neighbour" complaints about lockdown. But surely the public interest balance is different for alleged offences by government officials
Pretty extraordinary interview with Dominic Raab on Marr.
- Accepts if there was a party it broke rules
- Refuses to speculate on "anonymous and unsubstantiated" sources, though (a) doesn't deny it happened, (b) if you listen carefully doesn't answer if he knows it happened
Compulsory vaccinations and prohibiting unvaccinated people taking part in parts of public life are policies which I imagine very few rights experts could have predicted being seriously proposed, let alone implemented, two years ago. Has the world changed? Have we?
18 months of lockdowns, death and disease have clearly had a profound effect on societies and politicians' conception of what personal liberty is. How to balance the risk of widespread death and disease with civil liberties? Are there right and wrong answers here?
(obviously, there are RIGHT and WRONG answers on Twitter because everything is either right or wrong with no middle ground but I'm talking about in actual policy making by policy makers with almost impossible choices to make)
The guidance still suggests that it will be NHS test and trace not the school which will give formal notification therefore triggering the legal duty to isolate