Police officers told to enforce Covid lockdown 'as last resort' after Priti Patel calls for more fines

Home secretary told police she and Boris Johnson wanted ‘tougher enforcement of the necessary restrictions’

Lizzie Dearden
Home Affairs Correspondent
Thursday 05 November 2020 13:43 GMT
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What are the new lockdown rules?

Police officers have been told to use fines and arrests as a “last resort” during England’s new coronavirus lockdown, despite calls from the home secretary to increase enforcement.

Priti Patel told police leaders on Wednesday that the prime minister wanted “tougher enforcement of the necessary restrictions”.

Speaking at a meeting of the National Policing Board, she said police had been given £30m to enforce the law, telling senior officers: “We have empowered and resourced you to do more, and we now need you to strengthen enforcement.”

Several police forces, including in the northwest, have pledged to increase proactive patrols checking for lockdown breaches but have not signalled a change to the core approach used throughout the pandemic.

New guidance issued to police officers on Thursday said they should explain changes to members of the public who violate the law and move to arrests and fines “if they do not respond appropriately”.

A College of Policing document added: “We police by consent. The initial police response should be to encourage voluntary compliance.

“Policing will continue to apply the four-step escalation principles: engage, explain, encourage and only enforce as a last resort.”

Robert Buckland, the justice secretary, said an increased number of Covid-19 “marshals” in local communities would also monitor lockdown compliance.

“Where a more intense intervention is needed, then the police will be involved and of course the fine structure is still in force,” he told BBC Breakfast.

"The public can expect, where there are egregious breaches, the police will intervene and the law will take its course.”

Martin Hewitt, the chair of the National Police Chiefs’ Council (NPCC), said the law would be enforced “fairly and with common sense”.

“Throughout the pandemic however, a minority of the public have still chosen to put lives at risk through their behaviour,” he added.

“Not following the regulations and measures put in place to limit the spread of the virus is unacceptable.

People enjoy their last night out in Soho (Wednesday November 4) before a new national lockdown

“We won’t waste time with endless encouragement for those who knowingly or deliberately break the rules. People recklessly ignoring the regulations should expect to receive a fixed penalty notice.”

New Health Protection Regulations approved by MPs on Wednesday state that people cannot “leave or be outside of the place where they are living without reasonable excuse”.

The law, which came into force at midnight, contains numerous exemptions, including for work, exercise, food shopping, funerals, weddings and other events.

It also bans gatherings of more than two people who are not from the same household, but there is also a non-exhaustive list of exceptions.

It enforces the closure of businesses, recreation and hospitality venues, apart from shops selling food, breweries, pharmacies, hardware stores, banks, post offices, pharmacies, vets and others deemed to be delivering essential services.

The default penalty for violating restrictions on gathering and leaving home without “reasonable excuse” is £200, reduced to £100 if paid in two weeks, but can rise to £6,400 for repeat offences.

People found to have organised an illegal gathering can be fined £10,000 and anyone who does not pay a fine may be prosecuted.

Local authorities, rather than police, are to monitor compliance on restrictions on businesses and fines range between £1,000 and £10,000.

Figures released in September showed that under half of coronavirus fines had been paid and around 9,000 people were facing prosecution, potentially worsening a huge backlog in magistrates’ courts.

NPCC statistics show that crime is almost back to 2019 levels, meaning officers have less capacity to enforce Covid-19 restrictions.

Senior officers expect a drop in offences during the new lockdown, following dramatic falls seen from March to May, and have been given extra government funding for coronavirus patrols.

Police leaders have acknowledged that coronavirus patrols may differ between different regional forces, because they are operationally independent and face different demands.

Counter-terror patrols have increased in some areas after the UK’s national terror threat level was increased from substantial to severe, meaning attacks are highly likely.

The change, made on Tuesday, was sparked by a spate of attacks in France and a shooting in Vienna on Monday.

“Over and above our normal responsibilities, the service has had to adapt to the realities of the coronavirus pandemic since March, and we will continue to assess the situation and respond accordingly,” Mr Hewitt said.

“Chiefs will make operational decisions based on the circumstances in their area. Whilst demand levels remain high we are well-prepared to respond to any crime or other issues that arise.”

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