DeepSummary
In the first segment of the podcast, host Adam Wagner interviews barrister Kirsty Brimelow QC about the new coronavirus regulations in the UK that restrict people's movements. Brimelow explains that these regulations are based on public health legislation rather than public order laws, which means the police's enforcement should focus on preventing the spread of the disease rather than addressing nuisance or criminal behavior. She discusses how the police should engage, explain, and encourage compliance before resorting to enforcement measures like fines or prosecution.
Brimelow emphasizes the need for clear guidance from authorities to avoid disproportionate policing and ensure people's rights are respected. She suggests that lessons should be learned from past issues with antisocial behavior orders (ASBOs) and policing protests, where excessive force or criminalization occurred. Guidance should encourage restraint, common sense, and proportionality when enforcing the regulations.
In the second segment, Wagner talks with barristers Aswini Weererante QC and Sophie Miles about the impact of the new coronavirus laws on people with mental health issues or lacking mental capacity. They explain how the regulations and the Coronavirus Act grant extensive powers to detain and compel people to undergo screening and isolation, which could violate human rights like the right to liberty and privacy if not implemented properly for vulnerable individuals.
Key Episodes Takeaways
- The UK's new coronavirus lockdown regulations are based on public health laws rather than public order laws, so enforcement should focus on preventing disease spread rather than cracking down on nuisance.
- Clear guidance is needed from authorities to ensure proportionate and restrained policing that upholds civil liberties and human rights.
- Particular care must be taken with vulnerable groups like those with mental health issues or lacking mental capacity, who may face rights violations if regulations are enforced improperly.
- Training is required for police and care staff on how to properly interact with and accommodate vulnerable individuals impacted by the new public health powers.
- Lessons should be learned from past policing issues like excessive force at protests or criminalization from anti-social behaviour orders.
- Allowing public understanding, engagement and voluntary compliance should be prioritized over aggressive enforcement measures.
- Striking the right balance between protecting public health and safeguarding civil liberties will be an ongoing challenge as the situation evolves.
- Human rights principles like liberty, privacy, and proportionality must be upheld even during public health emergencies.
Top Episodes Quotes
- “It's possible as well, I suppose, that we have a number of police officers who are being brought in who now have powers, such as community police officers who might not normally be in these situations, exercising these types of powers. And also I think we've got some retired officers back who might have been, for example, custody sergeants, more used to booking in suspects at the police desk, and suddenly they're out on the street with powers.“ by Kirsty Brimelow
- “And there's a specific provision there that you can go out into a gathering in public. If you need more than two people to be there with you to care for you, then that might be one of the exceptions that can apply to you. So that would allow people needing care to go out and about with more than one carer and not contravene those regulations.“ by Aswini Weererante
- “So I think the obvious thing is to go towards training, training for the police, but also for care staff, care home staff. All of these people are finding themselves in brand new situations which, you know, they need some guidance to navigate.“ by Aswini Weererante
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Episode Information
Better Human Podcast
Adam Wagner
4/5/20
The response to Covid-19 is the key human rights issue in the world right now as states move to enforce ‘lockdowns’ of billions of people. In the UK the government has issued guidance on social distancing and emergency regulations which give the police extensive new powers over people's everyday lives. In Part 2 of this episode, I speak to Kirsty Brimelow QC about the new 'lockdown regulations' and the criminal law, and then with Aswini Weererante QC and Sophy Miles about the impact of the new laws on people with mental health issues. You can read source materials and other links at patreon.com/betterhuman