Police cannot enter homes to check on lockdown party breaches - or force them to leave, says guidance
Police in England cannot go into people’s homes to check if lockdown rules are being breached or force them to leave if they are, according to new guidance.
Officers can tell people to leave someone's home if they are breaching new lockdown rules but they cannot enter the building and make them go, according to guidance issued by the National Police Chiefs’ Council and College of Policing to forces.
Under new rules that came into force yesterday, gatherings of up to six people can now take place outdoors, such as in open spaces or in private gardens.
But the laws ban people from staying overnight anywhere other than the place where they are living.
Any indoor gatherings of two or more people are also prohibited unless they are members of the same household.
On police powers to ban overnight stays, the guidance says officers “may only direct a person to return home. There are no powers in the regulations to remove someone or use force.”
They will, however, still be able to issue £60 fines for such a breach if the officers feels that is proportionate for the offence - and to arrest them if they refuse to provide their name and address in order to pay the penalty.
The guidance says powers to remove or use force against a person is only allowed as a last resort in public places.
“If you are lawfully in a private place you can only direct a prohibited gathering [of more than six people] to disperse, or any person in the gathering to return home,” it says.
Police can still fine them, however. Officers also still have existing powers at their disposal to gain entry to a property where they suspect other illegal activity to be taking place.
The latest laws, called the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020, define a gathering as two or more people "together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other".
This has raised questions as to whether it expressly prohibits intimacy among loved ones and couples who have been separated for months in different homes.
Asked if the new regulations would mean people will not be able to have sex with someone not in their household, the Prime Minister's official spokesman said police can "exercise their discretion, that will continue to be the case under the new rules".
"They will have the power to break up large public gatherings and to issue FPNs where they feel that it's appropriate" but "the police don't have the powers to enter people's homes under the regulations", the spokesman added.
Previously police chiefs told officers they have no powers to enforce the Government guidance on two-metre social distancing.
Downing Street said the public had been trusted to abide by the rules so far and will be expected to continue to follow their common sense and stick to social distancing rules.
NPCC chairman Martin Hewitt said police will "still have a role" if people are found to be flouting the regulations and he was confident the "vast majority" of officers will "continue to act responsibly".
He added: "Personal responsibility is key as we all enjoy these new freedoms.
"Think carefully about where you are going, how you will be able to keep your distance from others and continue to wash your hands."
