karen2205 | COVID-19 - movement restrictions

Cutting for talking about COVID-19

Re-using/plagarising what I wrote on Facebook yesterday.

Guidance is not law. [except for some odd occasions where it is]

The Regulations (ie. the law) restricting people from leaving where they're living is http://www.legislation.gov.uk/uksi/2020/350/contents/made - read Regulation 6

The guidance produced by the government does not reflect the law - it is much more restrictive. The Court will only enforce law, not guidance, so get some proper advice before paying any fixed penalty notice. [The regime of fixed penalty notices here seems like it could turn into a money making exercise/tax on the poor and others who fail to get advice that will allow them to defend any proposed prosecution.]

You can leave your home if you have a "reasonable excuse" and a non-exhaustive list of examples is given.

Without doing things that are currently stupid ie. holding a party, BBQ or other event with lots of people attending and being closer to one another than 2 metres or going mountaineering or somewhere else you might get into difficulties of the sort requiring a mountain rescue team to help you out of, there is a lot of scope for being outside your home.

If you need/want to exercise outdoors more than once a day, whilst following the advice about social distancing, go for it.

If you want to deliver something to a family member or friend who doesn't meet the current definition of "vulnerable" go for it.

If you're sharing your home with others and it's all got a bit tense, or worse, it's OK to go out.

Public health is important, but so is the government being honest in its publications. There's no good reason for the government to be issuing guidance that is so much more restrictive than the legislation without acknowledging that that's what it's doing.

Flat | Top-Level Comments Only

You're the 4th lawyer I've seen saying this in 2 days.

As predicted, the police are going a bit heavy in the wrong places. I can understand turning people away from overcrowded beauty spots but they're showing why everyone was so concerned by the legislation in the first place.

The law and guidance have ALL been SO badly communicated that people are genuinely confused. I've seen lots of people, especially those on the spectrum (suspected or dx) and deaf people not knowing what IS and is NOT allowed and what the reasoning is.

I feel very privileged to have access to sources of info about WHY the 2m distancing and other risks.

I've seen just this morning people saying on Facebook stuff like "family members aren't allowed out to exercise at the same time" and it's so sad. People are making themselves suffer even more than is necessary by making things even more restrictive than they are. So posts like this are really helpful.