Coronavirus: No fines or arrests as PSNI chooses ‘engagement over enforcement’

The PSNI did not impose any fines or make any arrests in the first few days of having new coronavirus crackdown powers.
Ballycastle sea captain Christopher McCaughan walks his dog Biscuit close to his home in Ballycastle, past a fenced-off outdoor gym, last ThursdayBallycastle sea captain Christopher McCaughan walks his dog Biscuit close to his home in Ballycastle, past a fenced-off outdoor gym, last Thursday
Ballycastle sea captain Christopher McCaughan walks his dog Biscuit close to his home in Ballycastle, past a fenced-off outdoor gym, last Thursday

The news comes amid much public debate about how far police should go – and could go – when it comes to enforcing restrictions on travel and social distancing.

The News Letter had been asking police all week how many times officers in the Province had used the new penalties which were given to them by the government, taking effect from 11pm on Saturday.

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That was three days later than forces in Great Britain, who have had very similar powers ever since Thursday.

Up until now the PSNI had said it was “too early” to give details, but at lunchtime today its press office said no fines had been issued and nobody had been detained.

The PSNI added in a statement: “At this stage police are very much in the ‘Engage’ stage of the ‘Engage – Explain – Encourage –Enforce’ strategy and no formal cautions have been issued.”

By contrast, over the course of the weekend Lancashire Police (who cover an area of about 1.5 million people, as compared with Northern Ireland’s 1.8 million) issued 123 fines.

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Also over the weekend, Police Scotland (covering an area of 5.4 million people) handed out 25 fines.

Another very large force, West Midlands Police (covering 2.8 million people) had handed out no fines from Thursday through to Tuesday.

The line between government advice and actual legal requirements has been blurry.

A detailed reading of the regulations shows police can order people home and use “reasonable force” to take them there if needs be, if they are gathered in a group of three or more people (except in certain limited circumstances, like them all being from the same household).

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In addition they can issue £60 fines (dropping to £30 if paid in 14 days) and keep giving fixed penalties to repeat offenders up to £960 to those people breaking gathering rules, or who are not leaving home for a “reasonable excuse”.

Whilst the Northern Ireland-specific regulations cap fines in court at £5,000, the Executive Office today told the News Letter that the coronavirus legislation passed in Westminster – which extends the right to draw up emergency powers to the Northern Ireland Executive – the devolved government could in fact allow for unlimited fines in court.

On the question of whether police have enforcement powers over people who travel to take exercise or walk dogs, it referred the News Letter to the PSNI.

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A day earlier, PSNI Assistant Chief Constable Alan Todd had said “it depends on how you read the legislation” when it comes to what enforcement powers they have on this issue.

PSNI headquarters then later said in a statement: “There is no confusion on the part of police. The very simple health advice is to stay at home and you should only leave home when it is absolutely essential.”

The North Down UUP MLA Alan Chambers, who sits on the Policing Board and also has a family-run Spar supermarket in Groomsport, said he has seen few if any people flouting the regulations.

He said Bangor was a “ghost town” on Saturday, adding: “Coming from Stormont today I didn’t see anything I’d have said ‘I will phone the police and report that’. I think people in NI have got the message.”

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He noted the recent history of the Troubles and the Ulster Workers’ Council strike, saying the Province may have a “different mentality” to other parts of the UK.

He said: “I’d be disappointed in my own community if people had to be issued fixed penalties for not doing the right thing.”