A walk in the park?

We’ve been contacted by a number of local residents regarding the coronavirus outbreak and the government guidelines/regulations relating to movement of people.

Those that have contacted us have said they have always taken their exercise in the countryside.

We’re aware that Derbyshire police have been monitoring walkers in the High Peak area, using drones – and are instructing the walkers to go home and stay away.

The police actions have been challenged in a letter to The Times, last week, by an emeritus professor of law – who says the police action is misguided.

Cheshire Police appear to have now adopted the same stance with the following email going out from a Cheshire Police PCSO.

We’re aware that there are many people, across the country, who live in tower blocks, on housing estates or in city centres – who enjoy taking regular exercise by walking in the countryside.

The government’s advice confirms what Professor Warnock has stated.

In a bid to clarify the situation we’ve been in touch with Cheshire Police who responded with the following:

“Over the weekend it was advised that you shouldn’t travel to places to walk or exercise. Only walk from your house.”

We’ve revisited the government website to check this but the regulations remain unchanged.

We’ve advised Cheshire Police that the regulations on the government website haven’t changed – and the BBC continues to reiterate these at regular intervals throughout the day.

Cheshire Police have pointed us to: https://www.gov.uk/government/news/coronavirus-guidance-on-access-to-green-spaces

The advice included therein clearly states: “stay local and use open spaces near to your home where possible – do not travel unnecessarily”

We are anxious to do our best to bring the current crisis to an end but would question whether ‘stay local … where possible’ could or should ever be interpreted as law – preventing anyone traveling to the countryside for exercise.

More worryingly, are the police acting lawfully?

Their job is to enforce the law – not play fast and loose with it.

Following publication of this item, former Supreme Court judge Lord Sumption likened Derbyshire Police’s approach to the restrictions on public movement to “a police state” when he told Radio Four’s World At One:
“In some parts of the country the police have been trying to stop people from doing things like travelling to take exercise in the open country which are not contrary to the regulations simply because ministers have said that they would prefer us not to. The police have no power to enforce ministers’ preferences but only legal regulations which don’t go anything like as far as the Government’s guidance.”

Lord Sumption was a Supreme Court justice from 2012 to 2018

He continued: “‘I have to say that the behaviour of Derbyshire Police in trying to shame people in using their undoubted right to travel to take exercise in the country and wrecking beauty spots in the fells so people don’t want to go there is frankly disgraceful. Derbyshire Police have shamed our policing traditions.”

“The tradition of policing in this country is that policemen are citizens in uniform, they are not members of a disciplined hierarchy operating just at the government’s command.”

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