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It will be very interesting to see how many people actually appeal lockdown fines, after Dominic Cummings showed that the conditions of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 are optional, not compulsory.

This Writer is avid to find out if Alexandra Roberts, wife of Tory MP Rob, lodges a complaint about the police who turned up at her 40th birthday party and told the visitors to leave her house.

The Government’s attempts to shore up the position of the Prime Minister’s chief advisor Dominic Cummings, by suggesting that the lockdown provisions are a matter of ‘individual responsibility’, may lead to the courts being swamped with appeals against fines imposed under its Coronavirus regulations.

Section 6 of The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 states that no person may leave the place they are living without reasonable excuse. It then sets out the 13 situations which may be deemed reasonable. What it specifically does not do is set out a subjective test whereby individuals may ignore the regulations if they feel that that is the right thing to do, because such a clause would be a legal absurdity – a bit like saying that you can’t burgle someone’s house unless you think it is the right thing to do.

Section 9 of the same provisions gives the police the power to enforce these provisions and fines of up to £3,200 have been set in England (Wales has similar provisions but a maximum fine of £1,920).

The powers have been implemented enthusiastically by police forces around the country – if you are not able to provide an explanation under one of the 13 exceptions and you are away from home, you are convicted. So far, more than 14,000 people have been convicted and fined for breaching these regulations.

Source: 14,000 Brits Could Now Appeal Lockdown Fines Thanks to Dominic Cummings – Byline Times

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