Coronavirus: PPS says ‘need for greater clarity’ after confusion over PSNI guidance on public exercise

The statement comes after Assistant Chief Constable (ACC) Alan Todd spoke for around 30 minutes on the Nolan Show last week, when he acknowledged that officers had put “inaccurate” guidance on the PSNI Carrickfergus Facebook site, stating it was illegal to drive to a location for exercise.

ACC Todd said that individual police officers could use their discretion to decide what was legal in individual cases but callers to the show afterwards said they were left uncertain as to what was legal.

When the News Letter asked Mr Todd for more clarity, he released a statement, repeating the main points he made on air.

He said: “The restrictions are clear in that they require you to not only have a reason to leave home, but a necessity. Leaving home without that necessity may put you in breach of the restrictions.

“The keys for us are, is your journey necessary and is it reasonable? These are the questions you need to ask yourself before you travel because the test of reasonableness and necessity are the parameters within which police officers must operate.”

Last week the National Police Chiefs’ Council (NPCC) and the College of Policing published guidance which appeared to be drawn from guidelines issued by the Crown Prosecution Service in England on what was lawful in that jurisdiction.

It said that driving to the countryside for a walk as “reasonable” if “far more time” is spent walking than driving. But it adds that driving for a “prolonged period with only brief exercise” is not reasonable.

The News Letter supplied the PPS with ACC Todd’s statement and asked what the general public should observe in NI to remain within the law inlight of the guidance for England.

The spokeswoman said more clarity is needed and that the PPS is talking to the PSNI.

“The PPS has a statutory duty to provide prosecutorial advice to police when requested and in line with this, we were recently asked by them to provide initial observations on the PSNI interpretation of the relevant regulations,” she said.

“Such advice is usually sought in the context of a particular case and not on very recently introduced emergency regulations capable of application to a very broad range of factual circumstances. In these circumstance the observations were necessarily general in nature.

“We note the guidance published by the National Police Chiefs’ Council and the College of Policing, which applies to England.

“Specific incidents have arisen in Northern Ireland which, together with the public discourse, indicate a need for greater clarity as to the scope of certain criminal offences provided for by the new regulations.

“We are now formulating prosecutorial guidance in respect of these offences upon which we intend to consult with the attorney general before making public as soon as possible.”

The News Letter contacted the attorney general on Thursday, Friday and today on the matter. A spokeswoman said today that discussions are ongoing with the PPS regarding prosecutorial guidance.

A message from the Editor:

Thank you for reading this story on our website. While I have your attention, I also have an important request to make of you.

With the coronavirus lockdown having a major impact on many of our advertisers - and consequently the revenue we receive - we are more reliant than ever on you taking out a digital subscription.

Subscribe to newsletter.co.uk and enjoy unlimited access to the best Northern Ireland and UK news and information online and on our app. With a digital subscription, you can read more than five articles, see fewer ads, enjoy faster load times, and get access to exclusive newsletters and content. Visit https://www.newsletter.co.uk/subscriptions now to sign up.

Our journalism costs money and we rely on advertising, print and digital revenues to help to support them. By supporting us, we are able to support you in providing trusted, fact-checked content for this website.

Alistair Bushe

Editor