The Herald

Union concerns over police expected to enforce pandemic guidance as law

- By David Bol

POLICE officers have been expected to enforce guidance rather than the emergency laws amid concerns a growing number of people have been prosecuted under common law, union bosses have warned.

The Scottish Police Federation (SPF), the union representi­ng rankand-file officers, has said that the use of culpable and reckless conduct changes under common law has “increased exponentia­lly” for those “considered to be participat­ing in the most egregious breaches of the coronaviru­s regulation­s” – with the emergency laws not going far enough in covering expectatio­ns from ministers.

The SPF has told Holyrood’s Covid-19 Committee that it has “reservatio­ns there appears to be an implicit expectatio­n that the police form value judgments on the severity” of people breaching the emergency laws.

In a submission to the committee, the SPF has also warned “there is a risk that culpable and reckless conduct changes could be seen as a way of enforcing the guidance” as well as “in response to public or political commentary where no specific offence exists”.

The rise in culpable and reckless conduct action through common law has raised the prospect of the guidance being enforced as law.

Appearing in front of the committee, Calum Steele, the general secretary of the SPF, said: “It does suggest that there are judgments being made that provisions of the legislatio­n do not go far enough to cover the examples of behaviour that police officers have encountere­d.

“There are examples, which I cannot specifical­ly go into, where it appears individual­s have not contravene­d the coronaviru­s regulation­s in any way, shape or form, but have found themselves liable under common law charges.

“That in its own right kind of suggests there has been an indirect expectatio­n placed on the police services almost to police, to some extent, to the guidance rather than the law.”

Earlier, Michael Clancy, director of law reform at the Law Society of Scotland, told MSPS that the guidance published alongside the Scottish Government’s emergency legislatio­n “is important so that people can understand which side of the law they fall”.

A Scottish Government spokespers­on said: “We believe police officers have the necessary powers to fulfil their duty to uphold the law, keep the public safe and help manage the spread of coronaviru­s.

Police Scotland’s deputy chief constable Malcolm Graham said: “We have seen a considerab­le increase in the number of gatherings being reported to us in recent weeks but our approach has not changed.

“We have increased patrols in our communitie­s to support people, explain the regulation­s and to encourage them to do the right thing to help prevent the spread of coronaviru­s.”

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