Powers of Police Scotland under the publice health Coronavirus Regulations 2020

Miss G made this Rhyddid Gwybodaeth request to Police Scotland

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Roedd y cais yn rhannol lwyddiannus.

Dear Police Scotland,

I am writing to ask you for the following information.

1)Do Scottish police represent, protect and work for the people of Scotland? or do they represent, protect and work for the UK and/or Scottish Government? Is their oath to the people of Scotland?.Fearing what iis happening to our country can you ease my worries and confirm,

2)If the people of Scotland needed the help of the police against a corrupt government or monachy, or other hierachy, is it the duty and oath of the Scottish Police to stand by and protect their government and/or monachy, if a scenario such as this occured?, or to standby and protect the people of Scotland? or is there a balance in between?, where both the people of Scotland and the other party would recieve equal support of the police?

3) Provide details of ALL and EVERY power, the public health coronavirus regulations, and any other new laws or regulations have now given to police officers in Scotland, in regards to covid 19, that they didn't have prior to these regulation or laws existing?

One power you have is Section 14 of the public health coronavirus regulations state the following:

'Initial detention of persons to enable screening and assessment

14.—(1) This regulation applies if a constable has reasonable grounds to suspect that—

(a)a person (“P”) is, or may be, infected or contaminated with Coronavirus;
(b)there is a risk that P might infect or contaminate others; and
(c)it is necessary to direct, remove or detain P in the interests of P, for the protection of other persons or for the maintenance of public safety.'

I believe police detention in Scotland is a formal legal procedure used in investigations of cases which would be punishable by imprisonment, and as far as I understand it is not a crime to have covid 19, is this correct?

If this is correct and it is not a crime to have covid19,

4)How can a person be detained by the police and made to reveal their health status, if by having covid 19 or not, the persons are not committing a crime under the coronavirus act, the public health act or the criminal procedures Scotland act 1995?

5) Can you confirm what the reasonable grounds are, or would be, for a Scottish Police constable to detain someone under this section of these regulations?

6)How will constables recognise that a person may be infected or contaminated with coronavirus? and might infect or contaminate others? What guidance has been issued?, and who was the source of the guidance? Scientist all over world still not able tell us who might infect or contaminate others?

Section c above allows police to detain someone while they investigate their current health condition.

7)Please confirm where the persons would be detained?

8) Please confirm in what locations police who suspect someone as having covid 19 are able to remove these person from and detain them. For example can police enter someones home and remove and detain them if suspected of having covid 19? can police enter someones workplace to remove and detain them?

9)Does this detainment this apply to children under 18 also?

10)Please give an example of a time that police Scoland would detain someone as described in the regulations?

Yours faithfully,

Miss G Simpson

Police Scotland

1 Atodiad

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FOI, Dundee, Police Scotland

1 Atodiad

OFFICIAL

 

Good Morning
 
Please find attached a response to your recent request for information.
 
Kind Regards
Information Disclosure Officer
Police Service of Scotland
West Bell Street
Dundee
DD1 9JU

dangos adrannau a ddyfynnir

Dear FOI, Dundee,

Thank you for your reply.

Are there any legislations, regulations, laws or events that allow police Scotland to break or not uphold their oath at any time? Or would this oath always have to be upheld by Police Scotland, no matter what was occurring in Scotland?

Can you please provide me with the list of all the fundamental human rights that Police Scotland legally have to uphold, as mentioned in their oath?

Please provide me with any recorded information as described by ICO, that contains any reference or mention or discusses, reports, meeting, video call etc, that took place, by Police Scotland surroundings the oath to uphold fundamental human rights and the introduction of these new legislations and police powers contained. Including how and by whom it was determined that by enforcing these new powers, Police Scotland are still 100% complying their oath to uphold fundamental human rights, any difficulties that where recognised between complying with the oath and the new legislation and police powers, and if Police Scotland have had to reduce their 100% compliance to uphold their oath on fundamental human rights to allow them to enforce these new powers. Also the reasons why Police Scotland found that by enforcing these powers, that affect fundamental human rights, they would still be 100% upholding their oath.

Re question 4 -10 apologies for referring to English law. I thank you for providing links to Scottish legislation. I had a look but for a layman like me it's difficult to translate, make clear and understand fully what these police power are. As the police I'm asking for your help and to be kind enough to break the police powers down for me that are contained in the legislations you provided? In a way that would make it clear for me to understand exactly what these powers are.

Thank you. I look forward to hearing back

Yours sincerely,

Miss G Simpson

FOI, Inverness, Police Scotland

1 Atodiad

OFFICIAL

Good morning,

 

Please find attached our response to your recent request under FOI(S)A.

 

Kind regards,

 

 

Information Management Unit

Police Scotland

 

 

 

 

Dear FOI, Inverness,

Thanks for your reply. It's disappointing response. As much as you have a requirement to provide only recorded information, under section 16, of the act you can also help and assistance.

To inform me that police Scotland does not hold information about the fundamental human rights that a Scottish police officer is under oath to comply with doesn't seem to be helpful or of assistance.

I try asking for this information in a different way to see if successful.

I am requesting information in regard to Code of Ethics for policing in Scotland therefore I would hope it's information you hold to ensure compliance.

I will not undertake high-risk activities or use force other than where strictly necessary in order to attain a legitimate objective and only after I have balanced all the competing priorities I am aware of. (Article 2)
1) How many complaints have been made between march 2020 to present day where an officer has been accused of using force when not strictly necessary?
2) How many of these complaints have been investigated?
3)How many of these complaints came from public? How many from internal complaints? 4) How many times between march 2020 to present day has it been found that a police Scotland officer undertook high risk activities or used force when it was not strictly necessary?

I will not encourage, instigate or tolerate any act of torture or inhuman or degrading treatment under any circumstance nor will I stand by and allow others to do the same. I understand that the humane treatment of prisoners is an essential element of policing and that the dignity of all those I am trusted to care for remains my responsibility. (Article 3)
1) What constitutes an act of torture, inhuman or degrading treatment in accordance with this code and oath that a police Scotland officer will not encourage, instigate or tolerate?

I understand that people have an equal right to liberty and security. Accordingly, I will not deprive any person of that liberty, except in accordance with the law. (Article 5)
1) In understanding people have this right, What does liberty and security mean in accordance with the police Scotland code of ethics and oath?
2) What laws allow police Scotland to deprive any person of that liberty?

I will investigate crimes objectively and be sensitive to the particular needs of affected individuals whilst following the principle that everyone who is the subject of criminal investigation is innocent until found guilty by a court. (Article 6)
1)How many arrests have police Scotland made for breaking coronavirus laws since March 2020 to present day?
2)How many people have been charged for Coronavirus offences for same period?
3)How many people for the same time period were arrested and charged reached court?
4) How many for the same time period were found guilty of the offence at court? and not guilty?
5)when investigating coronavirus crimes what needs of affected individuals are police Scotland taking into account when investigating objectively and being sensitive to these particular needs of affected individuals?

In carrying out my duties I shall respect everyone’s fundamental rights. I will only interfere with privacy or family life when I am legally authorized to do so. (Article 8)
1) What legislation and what sections/parts of the legislation gives police Scotland the authority to interfere with a civilians fundamental rights to privacy or family?

I will respect individual freedoms of thought, conscience or religion, expression, peaceful assembly, movement and the peaceful enjoyment of possessions. (Articles 9,10,11)
1) When this section of code cannot be affected by any laws, What has allowed police Scotland to issue fines and arrest people for expressing their freedom of thought and conscience both in the action of peaceful assembly or in movement when and how they have a right to do?
2) In regards to coronavirus or lockdown measures only, how many times have police Scotland moved on or broken up a a peaceful assembly between march 2020 to present day where people were expressing freedom of thought or conscience?
3) Also many fines have been issued for the same period by police Scotland to people when they were exercising their rights to movement? Please provide for both movement of vehicles and movement of pedestrians?

Yours sincerely,

Miss G Simpson

Dear FOI, Inverness,

The 20 days for reply to this request ended yesterday.

Please confirm when I will received the information requested

Yours sincerely,

Miss G Simpson

FOI, Inverness, Police Scotland

1 Atodiad

OFFICIAL

Dear Miss Simpson

 

Please find attached a response to your recent request for information.

 

Regards

 

 

Information Management Unit

Police Scotland 

Divisional Headquarters

Old Perth Road

Inverness

IV2 3SY

 

E-mail: [1][email address]

Website:  [2]www.scotland.police.uk

Twitter:  @policescotland

Facebook:  [3]www.facebook.com/policescotland

 

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