Northern Ireland

PSNI covid powers to face legal challenge

Solicitor Michael Brentnall
Solicitor Michael Brentnall

The PSNI could face a legal challenge over its power to issue Covid-19 linked fines and enter people's homes to carry out inspections.

The potential challenge comes after a Czech national was issued with a fixed penalty notice last month.

The woman and six other adults were found in the home of her stepmother when police entered the premises on December 28.

She said she had been living at the east Belfast property after being invited into the family bubble in order to avoid spending Christmas and New Year alone.

When police entered the property they found the seven adults in a downstairs living room.

Three of the adults and two children, who were upstairs, were then ordered to leave the property while the remaining adults were handed £200 fixed penalty notices.

The woman's solicitor Michael Brentnall, of Brentnall Legal, last night said his client intends to challenge the PSNI on several grounds including the decision to issue the notice.

It is being argued that the penalty notice "does not provide reasonably detailed particulars of the circumstances alleged to constitute the offence" and should not have been issued.

The power to enter homes to hand out covid fines is also being questioned.

Michael Brentnall said his client believes the police acted unlawfully.

“Our client is challenging the issuing of a fixed penalty notice against her by the PSNI on the basis that it was unlawful both in respect of the application of the law and mechanism in which it was carried out," he said.

"Part of that challenge relates to the fact that the PSNI entered the property in question without a lawful basis.”

Since the start of the pandemic thousands of penalty notices have been handed out by the PSNI to members of the public.

The threat of legal action comes just days after the Police Federation voiced concern about "gaps" in the law after the PSNI were given the legal power to enforce the stay at home message last week.

Speaking to the BBC, Federation chairman Mark Lindsay pointed out that there is currently a grey area over powers of entry under the Covid legislation for people having house parties.

A spokesman for the PSNI said: "We are in receipt of this legal correspondence and a response will be issued in due course."