As the lockdown has started to be eased, the police have been issued new guidance in effect from June 1st.
The new guidance is in line with the new lockdown rules, and it states that they are unable to force people out of someone else’s home – but they can ask you to leave.
The new lockdown rules mean small gatherings of up to six people from different households are allowed to meet outdoors, in a public place such as a park or a private garden.
The document from the National Police Chief’s Council and College of Policing said: “From 1 June 2020, the approach to restrictions has changed.
“Rather than requiring a reasonable excuse to leave the place where a person is living, there are specific things that members of the public cannot do.”
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It continues: “A person may now leave and remain outside of the place where they live for any reason, subject to restrictions on gatherings and overnight stays.”
Regarding ‘police powers for overnight stays’, it added: “You may only direct a person to return home.
“There are no powers in the regulations to remove someone or use force. Fixed penalty notices and arrest still apply, where appropriate.”
The laws put in place ‘provide no power of entry’, however officers still have existing powers at their disposal to gain entry to a property if illegal activity is suspected.
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Regarding overnight stays, which under the new rules is only permitted if attending a funeral, if you are an elite athlete, you’re moving house, for work, to provide care to a vulnerable person, escaping the risk of harm, medical access and facilitating access between parents and children, police are told to ‘explain the message’.
If officers find someone staying overnight somewhere other than their home, they should engage with them, explain the message and encourage using their discretion and common sense.
They can direct a person to return home and issue a fixed penalty notice, with the option to arrest if all other attempts fail.
Direction, removal and use of force is permitted in public places. If officers are lawfully in a private place they can only direct a prohibited gathering to disperse or any person in the gathering to return home.
Fixed penalty notices and arrests still apply where appropriate.