Lord Sumption slams Derbyshire police for 'disgraceful' behaviour!

Lord Sumption - Supreme Court Judge, 2012-2018

A FORMER Supreme Court Judge has accused Derbyshire Police of 'disgraceful behaviour' for the way in which, they have approached restrictions on public movement, during the 'lockdown' over the Coronavirus epidemic.

Lord Sumption, who was a Supreme Court Judge between 2012-2018, told Radio 4's World At One, that the use of drones by Derbyshire Police to film walkers in the Peak District was "disgraceful" and "Shamed our policing traditions." He likened Derbyshire Police's approach to the restrictions on public movement, as akin to living in a "a police state."

The force was heavily criticised after posting some of the footage on social media last week.  Derbyshire Police said they had deployed drones in the Peak District following "public outrage" when crowds defied government advice to stay indoors and that their actions, were in line with national government advice.

But Lord Sumption, told World At One, that their efforts to dissuade people from "travelling to take exercise in the open country" were excessive.  He said such behaviours "are not contrary to the regulations simply because ministers have said that they would prefer us not to."  He added:

"The tradition of policing in this country is that policemen are citizens in uniform, they are not members of a disciplined hierarchy operating just at the government's command...The police have no power to enforce ministers' preferences but only legal regulations which don't go anything like as far as the government's guidance."

Although Derbyshire Police have said they were acting in accordance with government advice on overcrowding and "echoed what people in our communities were saying", Lord Sumption said that the efforts to dissuade people from "travelling to take exercise in the open country" were excessive.  He told the Radio 4 programme:

"I have to say that the behaviour of Derbyshire Police in trying to shame people into using their undoubted right to travel to take exercise in the country and 'wrecking beauty spots' in the fells so people don't want to go there is frankly disgraceful...This is what a police state is like. It's a state in which the government can issue orders or express preferences with no legal authority and the police will enforce ministers' wishes. I have to say that most police forces have behaved in a thoroughly sensible and moderate fashion. Derbyshire Police have shamed our policing traditions."

In response to the criticism of "wrecking beauty spots" by dyeing the water at the Blue Lagoon near Buxton, Derbyshire Police said the tactic had "been deployed since 2013" and had received "high levels of local public support."

Since the lockdown measures were introduced in March, there have been questions asked about whether the actions of the police are in accordance with the currant law or whether their actions are of dubious legality, and merely arbitrary. Evidently, Lord Sumption, a former Supreme Court Judge, believes that Derbyshire Police have overstepped the mark and have acted in a way that exceeds their powers and that they are merely enforcing "ministers' preferences," and not the current law.  He argues that the public have an "undoubted right" to travel to the country and that this is "not contrary to the regulations."

What seems to have complicated matters is that the police now seem to have introduced this idea that there is some kind of difference between "essential and non-essential activity" which implies some kind of illegality, and it is highly questionable, as to whether this dichotomy,  has any basis in current English law or makes any sense at all.  For instance, is it non-essential activity, to take your dog or goat for a walk, or go for a jog, or have a walk, or ride your bicycle, or take your kids out for a walk to the local park?

In my view, any response to fighting this virus should be proportionate and applied with common sense.  If you want people's co-operation, you won't get it by alienating people or getting their backs up. That will only lead to a backlash. Hopefully, with the co-operation of the British people, we will get to grips with this virus and get life back to normal as soon as possible.

Following recent criticism, the government have now called on police forces to be 'consistent' on lockdown powers.