Over the past couple of weeks, I have sat back and observed how the Covid-19 legislation is fundamentally flawed. The wrongful convictions in Newcastle and Tooting demonstrate that Police Forces have no idea how to apply the legislation.
Lee Freeman, Chief Constable, Humberside Police
I am of the firm belief that there should never be a two-tier legal system, yet the Covid-19 legislation is just that. Those who can afford legal representation or understand the basics of law will not be successfully prosecuted, whilst those without such knowledge and finance could be.
Being mindful of this and the wrongful convictions cases I expose the failures in the legislation, I start by stating two simple points:
- I remain of the opinion that all Fixed Penalty Notices (FPNs) are unenforceable and that the Government is fully aware of this. My direct action over many years against various Government bodies has confirmed this. I have never received a FPN as a result of my direct action – despite my best endeavours to receive one.
- Under the Covid-19 legislation, no Police Force will ever be able to achieve a conviction unless the member of the public “self convicts”.
The Health Protection (Coronavirus) Regulations 2020 (please click on the link to read) under Offences states:
- (1) A person (“P”) commits an offence if P— fails, without reasonable excuse, to comply with a restriction or requirement imposed under regulation.
- (3) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.
Let us consider “reasonable excuse” and “obstructs”.
To prove obstruction, intent must be proven. A typical example of this is a car parking on a footpath that allegedly obstructs the use of the footpath for pedestrians. The key reason this is very rarely prosecuted in the UK, outside of London, is that the intent to obstruct must be demonstrated. This is impossible without a confession.
To discuss “reasonable excuse” let us hypothetically say that it appears I have driven into Pocklington and sat on a bench for 40 minutes.
A Humberside Police Officer, who I will call Bobby, approaches me within two metres and asks what I am doing. At this point the Newcastle case is of relevance:
“Marie Dinou, 41, from York, was arrested at Newcastle Central Station on Saturday after she allegedly failed to tell officers why she needed to travel.”
and my statement above
“Under the Covid 19 legislation, no Police Force will ever be able to achieve a conviction unless the member of the public self convicts.”
Marie did the right thing. She said nothing.
I now go back to Bobby. I cannot obstruct Bobby by not replying without reasonable excuse. The excuse is simple and every court in the land must accept it:
“I did not reply to the officer as I had not spoken to my legal representation.”
But surely the case still stands Strangeway as:
“A person (“P”) commits an offence if P— fails, without reasonable excuse, to comply with a restriction or requirement imposed under regulation.”
and here you are just sat on a bench for 40 minutes.
I am permitted to take exercise. This does not state physical exercise.
As per the Government guidance, I have taken a maximum 1-hour exercise. This is taken in the form of a maximum 20-minute return drive to Pocklington to sit on the bench to have my view and the drive as the subject matter of my meditation. This is my one hour of mental exercise.
Case dismissed – without even getting into my knowledge as to why all Fixed Penalty Notices (FPNs) are unenforceable, or my Human Rights.
Of course, as always I am happy to respond to any challenge from the powers that be. In this instance, I challenge any Chief Constable of a UK Police Force to prove me wrong.
Why do the Government continue to pass legislation that those who understand how law works can expose the failings in it before taking breakfast?
Why does the Government never request help from such folk?
Say nowt and enjoy your meditation.