March 2020 - JFH Crime

by John HoweyMarch 30, 2020 JFH Updates0 comments

Covid 19 Lockdown – the law; What can and can’t you do?

This article was posted in March 2020, shortly after the initial restrictions were imposed.

There has been much confusion about what you can and cannot do during the current lockdown. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 imposes several restrictions.

Since the lockdown began last week, the police have been keen to enforce compliance, even calling out the MP Stephen Kinnock over social media for visiting his father on his birthday.

Given the importance of protecting the NHS, it is likely that the police may take a harder line as the crisis worsens.

Restrictions on movement during the lockdown

During the emergency period, no person may leave the place where they are living without reasonable excuse.

A reasonable excuse includes the need—

(a) to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 of Schedule 2.

(b) to take exercise either alone or with other members of their household;

(d) to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(1), to a vulnerable person, or to provide emergency assistance;

(e) to donate blood;

(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

(g) to attend a funeral of—

a member of the person’s household,
a close family member, or
if no-one within sub-paragraphs (i) or (ii) are attending, a friend;

(h) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(i) to access critical public services, including—

childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);
social services;
services provided by the Department of Work and Pensions;
services provided to victims (such as victims of crime);

(j) in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(k) in the case of a minister of religion or worship leader, to go to their place of worship;

(l) to move house where reasonably necessary;

(m) to avoid injury or illness or to escape a risk of harm.

The word ‘need’ prefaces the exceptions and this implies an added necessity test.

Requirement to close premises and businesses during the emergency

A person responsible for carrying on a business which is listed in Part 1 of Schedule 2 must—

during the emergency period—
close any premises, or part of the premises, in which food or drink are sold for consumption on those premises, and
cease selling food or drink for consumption on its premises; or
if the business sells food or drink for consumption off the premises, cease selling food or drink for consumption on its premises during the emergency period.

The provisions in relation to business closure are particularly complex and a number of police interventions have already been made since the lockdown began. Please contact us for accurate up to date advice if you are unsure as to your legal obligations.

Restrictions on gatherings during the lockdown

During the emergency period, no person may participate in a gathering in a public place of more than two people except—

where all the persons in the gathering are members of the same household,
where the gathering is essential for work purposes,
to attend a funeral,
where reasonably necessary—
to facilitate a house move,
to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006,
to provide emergency assistance, or
to participate in legal proceedings or fulfil a legal obligation.

Penalties

Breach of these emergency regulations can result in fixed penalties (of up to £960) and unlimited fines.

Adults must do all they can to ensure that children comply. Failure in that regard can itself result in prosecution.

Other enforcement measures can be taken concerning business premises and failing to comply with restrictions.

If you have received a fixed penalty that you wish to challenge or are being investigated or prosecuted for an alleged breach, our expert team are able to advise.

How can we help?

If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.

by John HoweyMarch 26, 2020 JFH Updates0 comments

Emergency Coronavirus Laws Now in Force

This article was posted in March 2020, shortly after the initial changes came into force.

On Wednesday 25th March 2020 the Coronavirus Bill completed all its parliamentary stages, and Royal Assent was signified. This brings in to force an unprecedented piece of emergency legislation.

The purpose of the Coronavirus Act is to enable the Government to respond to an emergency situation and manage the effects of a covid-19 pandemic.

A severe pandemic could infect up to 80% of the population leading to a reduced workforce, increased pressure on health services and death management processes.

The Act contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts.

The Act aims to support Government in the following:

Increasing the available health and social care workforce
Easing the burden on frontline staff
Containing and slowing the virus
Managing the deceased with respect and dignity
Supporting people

What are the changes?

The efficiency and timeliness of court and tribunal hearings will suffer during the Coronavirus outbreak. Restrictions on travel will make it difficult for parties to attend court and without action a significant number of hearings and trials are likely to be adjourned. at the present time, no new jury trials are starting, and the Magistrates Courts are delaing only with urgent cases.

In criminal proceedings, the courts have a duty to deal with cases effectively and expeditiously and that includes making use of technology such as live video links, telephone or email where this is lawful and appropriate. Video link technology is increasingly being used across the court estate enabling greater participation in proceedings from remote locations. The courts currently have various statutory and inherent powers which enable them to make use of technology.

The Act amends existing legislation so as to enable the use of technology either in video/audio-enabled hearings in which one or more participants appear before the court using a live video or audio link, or by a wholly video/audio hearing where there is no physical courtroom and all participants take part in the hearing using telephone or video conferencing facilities.

Health Protection Regulations

The Act permits ministers to create new criminal offences by regulations issued under existing public health legislation. Such offences are to be triable summarily only and may not be punished with imprisonment.

Enforcement Powers

The Act provides for various enforcement orders to ensure public health and safety are maintained; violation of these orders, including obstruction etc. will be a criminal offence. Many of the emergency powers under the Act can result in criminal sanction if lawful directions are not obeyed.

Infected persons

Schedule 20 of the Act provides for screening and quarantining of infected persons (or persons suspected to be infected).

In enforcing schedule 20 powers (and similar provisions apply to other powers), a constable may:-

– use reasonable force;

– enter any place; and

– give reasonable instructions to the person (though he must inform the person that informing him of the reason for the instruction that it is an offence to fail to comply).

Events, gatherings and premises

Schedule 21 covers events, gatherings and premises.

The provisions give the Secretary of State the power to prohibit or restrict events and gatherings, and to close premises, if the public health situation deems it necessary.

This streamlines existing legislation in England and Wales, to ensure that powers to prevent events or gatherings can be deployed as quickly as possible in the event this is justified by the evidence.

This can be deployed if, having had regard to the relevant advice, such a prohibition or restriction would:

prevent, protect against or control the incidence or transmission of coronavirus, or
facilitate the most appropriate deployment of medical or emergency personnel and resources

Conclusion

This legislation has passed through parliament at remarkable speed and with little scrutiny. We are on hand to advise anyone who faces investigation or prosecution as a result of alleged non-compliance. At all times, we will remain vigilant to ensure that the State does not abuse emergency legislation.

How can we help?

by John HoweyMarch 24, 2020 JFH Updates, Uncategorized0 comments

Covid 19 and Business Closure – Legal Obligations

This article was posted in March 2020, shortly after the initial restrictions were imposed.

At 2 pm on Saturday 21 March 2020, the Government introduced further measures to help fight the Covid 19 pandemic. A law came into force which forced the closure of some businesses. On 23rd March, the Government announced further measures, closing a number of other businesses.

This law was enacted by virtue of The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (and mirror regulations that apply in Wales). The statutory instrument was made in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984.

Which businesses must close?

Schedule 1 of the regulations state that the following businesses must close:

- Restaurants, including restaurants and dining rooms in hotels or members clubs.
- Cafes, including workplace canteens, but not including
  - Cafes or canteens at a hospital, care home or school;
  - Canteens at a prison or an establishment intended for use for naval, military or air force purposes, or for the purposes of the Department of the Secretary of State responsible for defence;
  - Services providing food or drink to the homeless;
- Bars, including bars in hotels or members’ clubs.
- Public houses.
- Hair, beauty and nail salons, spas and massage parlours
- All retail premises, with a number of exceptions;
  - Supermarkets and other food shops;
  - health shops;
  - pharmacies including non-dispensing pharmacies;
  - petrol stations;
  - bicycle shops;
  - home and hardware shops;
  - laundrettes and dry cleaners;
  - bicycle shops;
  - garages;
  - car rentals;
  - pet shops;
  - corner shops;
  - newsagents;
  - post offices;
  - banks.
- Outdoor and indoor markets, except those offering essentials, such as groceries and food
- Auction houses
- Car showrooms
- Hotels, hostels, BnBs, campsites and boarding houses for commercial use, although keyworkers can stay there
- Caravan parks/sites for commercial use, unless used as a primary residence
- Libraries
- Community and youth centres
- Places of worship for services
- Cinemas, Theatres and Concert Halls.
- Nightclubs.
- Bingo halls, casinos and betting shops.
- Museums and galleries.
- Indoor skating rinks.
- Indoor fitness studios, gyms, swimming pools or other indoor leisure centres.
- Enclosed spaces in parks, including playgrounds, sports courts and pitches, and outdoor gyms or similar

What is the penalty if businesses defy the law?

An unlimited fine can be imposed on the business and any officer of the company who has consented or connived etc. so keeping the business open (regulation 3).

There are, however, other powers available to local authorities who are in charge of policing compliance with these regulations.

Businesses that breach them will be subject to prohibition notices, and potentially unlimited fines. As a further measure, and if needed, businesses that fail to comply could also face the loss of their alcohol license. More draconian powers are also available under the Public Health (Control of Disease) Act 1984, and further powers will soon be law when the Coronavirus Bill becomes law.

In some cases, injunctive relief may be granted, the breach of which could be punished by up to 2 years imprisonment.

There are also reputational issues that need to be considered.

We can advise on all aspects of criminal and regulatory law, if any business is uncertain as to its legal obligations during this worrying time, please do not hesitate to get in touch with us.