Coronavirus: Vocal loyalist blogger announces pending legal action against PSNI alleging they over-stepped their powers

He said that “pre-action judicial review correspondence” has been served on the PSNI, regarding how the force has wielded its powers under the Northern Ireland coronavirus regulations.

As the News Letter has repeatedly been reporting, elements of the PSNI did not appear to grasp what their powers actually were under the legally-binding regulations.

For example, the wording of the regulations (in force from March 28) does not explicitly state that police have the power to order visitors to parks and beauty spots to go home.

Section 5 of the regulations gives about a dozen “reasonable excuses” for the public to leave home, such as for food, medicine, or funerals.

But the regulations merely say that the dozen-point list “includes” some of the valid reasons – suggesting there are other valid reasons which just are not written down.

And whilst Section 5 of the regulations also actively allows travel for work or volunteering, it does not actively forbid other travel, such as to beauty spots for exercise.

READ IN GREATER DEPTH ABOUT HOW THE LAW WORKS HERE:

Coronavirus: Spotlight on police powers amid renewed pleas not to travel for exercise reasons

Mr Bryson said Phoenix Law is acting for him in the case.

In a statement tonight, blogger and columnist Mr Bryson said: “We all accept in this time of crisis that regulations to prevent the spread of Covid-19 is necessary.

“However such draconian regulations must, as a matter not only of fairness but of law, be proportionate and sufficiently clear to enable citizens to regulate our behaviour in accordance with the law.

“The PSNI have in my view menaced citizens by essentially making up laws that do not exist, such as informing people they are prohibited from travelling for exercise.”

Mr Bryson said correspondence was served on the PSNI on Friday afternoon and they have seven days to reply. (so they must respond by 2pm on May 1).

He added: “Despite being repeatedly told, by a wide range of sources, that they were wildly misinterpreting the law, the PSNI continued to dig themselves further into a hole all of their own making.

“The issue they now have is that to concede their quite blatant litany of errors would be to open themselves up to a flood of claims for damages by citizens affected. This may explain the sheer stubbornness behind their refusal to concede that which is patently obvious; their legal advice was fatally and embarrassingly flawed.

“Pre-action Judicial Review correspondence has been served on the PSNI in which it is specifically asserted that the PSNI actions are unlawful, ultra vires of their statutory powers under the Regulations and in breach of Article 5 and Article 8 of the European Convention of Human Rights.”

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