Regulation 6 of the The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 states no person may leave the place where they live without a reasonable excuse. This does not apply to homeless people (Reg. 6(4)). CPS have produced a really useful practical guide as to what might and what might not constitute a ‘reasonable excuse’. They have kindly allowed us to reproduce this to help officers, however each case still needs to be considered based on the individual facts as they present themselves. Some public statements made soon after the adoption of the Regulations suggested that members of the public could only leave their homes if ‘essential’ to do so. However, this is not the test set out in the Regulations and there is no legal basis for a requirement in those terms to be imposed. The applicable threshold is that of ‘reasonable excuse’. This list is not exhaustive and officers are required to use their discretion and judgement in deciding what is and what isn’t ‘reasonable’ in the circumstances. circumstances.
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