Discretion and fairness should be the beating heart of enforcement

Thomas Hobbes considered that in a world without law “the life of man” would be “solitary, poor, nasty, brutish and short”. However, laws by themselves are not a solution. Indeed, they can be part of the problem if they are not just, clear and accessible in substance and application.

It also is important that we do not dilute law with language about “rules”. This anchored the debate concerning the journey to Barnard Castle, Durham, in the early weeks of lockdown by the prime minister’s adviser, Dominic Cummings.

We are not engaged in one nationwide game of law rugby with a shadowy referee. There is law and there is guidance. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 are the regulations that came into force from March 26 and which comprise the restrictions on movement, family life, worship and business. There are similar regulations in Wales, Scotland and Northern Ireland.

The regulations in England were amended on June 13 for the fourth time. Many people will not be aware of this — notably those watching or being part of recent demonstrations involving people crowded in close contact. Regulation seven continues to restrict gatherings of six or more people unless linked to a second household, where there is no cap on numbers. There never has been law mandating “social distancing” in England, but there has in Wales.

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