The government has imposed unprecedented restrictions on the British public in an attempt to slow the spread of coronavirus.
Boris Johnson initially called for people to voluntarily use social distancing measures, before announcing a lockdown on 23 March.
But there are significant differences between the government’s guidance, and the laws that can be enforced by the police with fines and criminal proceedings.
There are also differences between the legal restrictions in force in England, Wales, Scotland and Northern Ireland.
Exercise
The British government’s guidance says people can leave home for “one form of exercise a day”.
But the law in England, Scotland and Northern Ireland does not specify a number of times, and so police cannot enforce a limit.
The Health Protection Regulations 2020 make taking “exercise either alone or with other members of their household” as a reasonable excuse for someone to be outside.
“All that we’re saying is exercise on your own or with another household member, not where there are other people,” said Deputy Chief Constable Sara Glen, the national police lead for coronavirus fines.
“The law doesn’t say once a day, the law doesn’t specify what type of activity that would be.”
But Wales’ version of the law says exercise must be taken outside “no more than once a day”.
Travelling for exercise
Derbyshire Police drew criticism after filming walkers who had driven to a beauty spot with a drone, while North Yorkshire Police started roadblocks after the government guidance was issued.
But the law across the UK does not prohibit travelling away from your home in order to exercise, for example by driving to a location in order to go for a walk.
“We don’t want everybody all going to the same places to do their exercise — we need a common sense approach,” Ms Glen explained.
“There isn’t anything definitively in the legislation that talks about whether people can get in a car to drive to a place and do their exercise.”
Guidance issued to officers by the National Police Chiefs’ Council (NPCC) and College of Police urged them to “use your judgement and common sense”.
It added: “People will want to exercise locally and may need to travel to do so — we don’t want the public sanctioned for travelling a reasonable distance to exercise. Road checks on every vehicle is equally disproportionate.”
A legal firm routinely instructed by police forces, 5 Essex Court, said in its own guidance that “there is no requirement that physical exercise must be carried out in the immediate vicinity of the home”.
Leaving your home
Before the lockdown was announced, Boris Johnson called for people to avoid non-essential travel, but the law does not define the phrase.
Instead, it states that: “During the emergency period, no person may leave the place where they are living without reasonable excuse.”
The restriction does not apply to homeless people, or those — such as domestic violence or child abuse victims — who leave home to avoid injury or “escape the risk of harm”.
The “place where they are living” includes gardens, yards, passages, stairways, garages and outhouses.
The law provides a long list of “reasonable excuses”, which is not exhaustive.
If someone is challenged by the police, they can provide any reason for being outside that will be considered on a case-by-case basis.
The examples given in the legislation include obtaining “basic necessities”, including food and medical supplies for the household, or for vulnerable people.
You can also obtain money, take exercise, seek medical assistance, provide care or assistance to a vulnerable person, donate blood, attend a funeral, go to court or access public services like schools and welfare.
The law says people may travel for work or volunteering “where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living”.
Children are allowed to travel or be transported between the homes of separated parents or guardians.
The law also allows people to “move house where reasonably necessary”.
Shopping
The law has enforced the closure of numerous shops that are deemed non-essential, such as clothing retailers.
But — despite isolated reports of shops being told not to sell Easter eggs by council officers — there is no legal restriction on what remaining shops can sell.
Although the law describes “obtaining basic necessities” as a reason to leave home, police leaders have not expressed an intention to check what people are buying.
Gatherings
The law bans public gatherings of more than two people, except in specific circumstances.
Such gatherings are not illegal when the people are “members of the same household”, i.e. a family that lives together, cohabiting couples or housemates.
Gatherings are also permitted if they are “essential for work purposes”, to provide care to a vulnerable person, emergency assistance, take part in legal proceedings, attend a funeral or where “reasonably necessary”, such as when moving house.
Businesses
The law has forced the closure of pubs, restaurants, cafes, gyms, cinemas, clubs, museums, spas, betting shops and other businesses that are deemed non-essential and bring people together in a way that could spread the virus.
Food retailers, off licences, pharmacies, newsagents, homeware and hardware shops, petrol stations and vehicle repair services are allowed to remain open.
Also allowed to continue work are taxi and vehicle hire businesses, banks, post offices, funeral directors, laundrettes and dry cleaners, dentists, opticians and other health-related services.
Veterinary surgeons and pet shops have not been forced to close.
Restaurants and pubs are able to operate as takeaways as long as no one eats or drinks on the premises, and shops are allowed to run delivery services.
Police and local councils can enforce closures with prohibition notices and fines.
The Welsh law additionally states that retailers should take “all reasonable measures to ensure that a distance of two metres is maintained between any person on the business premises”.
Punishments
Police leaders have instructed officers to use fines and arrests as a “last resort” and first encourage members of the public to follow restrictions on movement and gatherings voluntarily.
“We should reserve enforcement only for individuals who have not responded to engage, explain, and encourage, where public health is at risk,” official guidance states.
But there are two laws enabling police to arrest people for coronavirus-related offences – the Coronavirus Act 2020 and Health Protection Regulations 2020.
The first law gives police the power to direct any “potentially infected person” to go home, to a medical facility or to a testing location.
Under schedule 21 of the Coronavirus Act 2020, it is illegal to fail to comply with the instructions of police officers without reasonable excuse, or obstruct them in the course of their duties.
Offences can be punished by fines of up to £1,000 on summary conviction in a magistrates’ court.
Most provisions of the Coronavirus Act 2020 will expire after two years, but it may be reviewed, extended or changed by parliament.
The separate Health Protection Regulations 2020 came into force in England on 26 March and enforce the terms of the lockdown.
The law – which will expire in six months – allows police to instruct people violating it to go home, leave an area or disperse, and to ensure parents stop their children from breaking the rules.
It is an offence to violate restrictions on businesses, movement and gatherings without “reasonable excuse”, fail to comply with police instructions or to obstruct officials enforcing the measures.
Any adults who commit an offence under the new regulations can be handed £60 fines, reduced to £30 if payment is made within two weeks.
But if anyone has been fined for breaking the coronavirus lockdown before, the fine will be doubled to a maximum of £960.
People will not be convicted of an offence if they pay the money within 28 days, after which enforcement action will start.
“Individuals who do not pay a fixed penalty notice under the regulations could be taken to court, with magistrates able to impose unlimited fines,” a Home Office spokesperson said.
“If an individual continues to refuse to comply, they will be acting unlawfully, and the police may arrest them where deemed proportionate and necessary.
“However, in the first instance the police will always apply their common sense and discretion.”
