England’s relaxed coronavirus lockdown is becoming impossible for police to enforce

Analysis: Watered down Health Protection Regulations leave officers with no powers to check gardens, break up parties or enforce social distancing, Lizzie Dearden writes

People enjoy the sun in London over the weekend (Getty)

Yesterday, police officers received new guidance on how to enforce the eased coronavirus lockdown in England.

It said that they could no longer reprimand people for being outside because they could leave home “for any reason, subject to restrictions on gatherings and overnight stays”.

Under the updated Health Protection Regulations people can meet in groups of up to six in public spaces or in gardens, although indoor gatherings of two or more people from different households remain illegal.

Staying overnight away from home without “reasonable excuse” is also banned.

However, there is “no power of entry” to private premises – including gardens – to check if people are abiding by the law.

And the police guidance says that if people are found to be breaking the law with parties or other indoor gatherings, they cannot be removed and can only be “directed” to disperse or return home.

Fines and arrests can still be used “as a last resort”, the document says, but the use of force will only be allowed in public places over coronavirus breaches.

While the government is calling for people to maintain social distancing, it is not contained in the Health Protection Regulations in England and cannot be enforced by police.

“Government guidance is not enforceable, for example two-metre distancing, avoiding public transport or the wearing of face coverings in enclosed spaces,” official guidance states.

“Do not issue fines to people for not adhering to government guidance.”

Compared to the unprecedented lockdown introduced in March, there is very little that the police can still enforce.

As hot weather continues for much of the UK, growing numbers of people appear to be openly flouting the remaining restrictions, crowding beaches and beauty spots in large groups.

Those who fear being spotted by police outside may be violating the rules inside their homes instead, where – as the guidance makes clear – officers have less power to detect or punish the behaviour.

Martin Hewitt, chair of the National Police Chiefs’ Council, appealed to the public’s sense of “personal responsibility” and added: “Ensure you understand the remaining restrictions.”

But repeated tinkering with the Health Protection Regulations, which have not been scrutinised or approved in their current form by parliament, has left a complex web of loopholes and contradictions.

One absurd – and most likely accidental – consequence of the latest changes is that it is now illegal for a couple who live apart to have sex indoors, but legal outdoors.

Stables, shooting and archery venues, golf courses and other sporting amenities have been allowed to open, but model villages have been specifically banned from welcoming visitors.

And following the Dominic Cummings scandal, a definition of childcare has been added that excludes leaving children with relatives.

Upcoming statistics on the number of fines issued by police will indicate whether fears that actions by the prime minister’s adviser sparked increased rule-breaking by the general public were realised.

As the lockdown is eased and the law becomes ever more confusing, fewer people are likely to know or care whether they are breaking it.