Marie Dinou - First Person in UK to be prosecuted under Coronavirus Act
A 41-year-old woman from York, who is the first person in Britain to be prosecuted under the Coronavirus Act 2020, has had her conviction quashed after it was found by legal experts that the British Transport Police (BTP), the Crown Prosecution Service (CPS), and North Tyneside magistrates court, had bungled the case because she had been found guilty, using the wrong legislation.
Marie Dinou, from York, was arrested by BTP last Saturday after being found "loitering between platforms" at Newcastle Central Station and charged with failing to comply with the requirements of the Coronavirus Act 2020. She was the first person in Britain to be prosecuted for allegedly breaching Britain's coronavirus lockdown. On Monday, at North Tyneside magistrates' court, she was fined £800 after she was found guilty of "failing to provide identity or reasons for travel to police, and failing to comply with requirements under the Coronavirus Act."
According to the charge sheet, Ms Dinou, was prosecuted under Schedule 21 of the Coronavirus Act 2020. This clause is intended to force people to self-isolate or be tested for coronavirus, if they're suspected to have the virus and are endangering the public by being out of the house. But the prosecution began to unravel when BTP later confirmed that they didn't believe Ms Dinou was ill at the time of her arrest, nor did they ask her to self-isolate, or to be screened.
Legal experts, including Kirsty Brimelow QC, Chairwoman of the Bar Human Rights Committee, quickly established that the case had been bungled by BTP, the CPS, and the magistrates court, because Ms Dinou had been found guilty using the wrong legislation. Her conviction was then quashed and BTP later apologised. Ms Brimelow told 'The Times':
"Powers under the Coronavirus Act do not relate to a direction to provide identity or reason for a journey. So it seems that she (Ms Dinou), has been prosecuted and convicted for an offence which does not exist under this act."
Critics have warned that Ms Dinou's case demonstrates how the police may try to treat anyone out during the lockdown as suspect, who are 'potentially infectious', to carry out arrests. Silkie Carlow, of 'Big Brother Watch', has accused police forces of going to far. He said:
"The Coronavirus Act gives the police huge powers to police, to arbitrarily fine, detain and punish, anyone in this country. The new law defines 'potentially infectious persons so loosely, as to be meaningless and capture the entire British public...These emergency powers are the most draconian ever seen in peacetime Britain...These breath-taking powers can even be used to detain and isolate our children."
Police officers now have the powers to fine parents £60 for failing to stop a child going out.
The failed prosecution of Ms Dinou, is yet another blow for the police, who have been accused of being over-zealous and desirous of nudging the UK towards a police state. The 'National Police Chiefs Council (NPCC), have issued guidance which states that under the act, police officers have no powers to 'stop and account' or force someone to explain themselves. The guidance spells out that officers can remove a youngster from the streets and anyone with them if they refuse to go home. It also says that checks on every vehicle are 'disproportionate' and the public should not be punished for travelling a reasonable distance to exercise.
Despite the NPCC urging officers "to make sensible decisions and use enforcement as a last resort", police forces in areas such as North Yorkshire, Devon and Cornwall, have put road blocks into place or deployed high visibility patrols, to quiz motorists about their plans. Derbyshire Police, were also heavily criticised for using drones to spy on fell walkers in the Peak District.
Yesterday, the 'Independent' reported that police in the Isle of Man, had taken into custody a person "for failing to adhere to the new legislation requiring him to self-isolate." It is believed that the person arrested, had recently returned to the Isle of Man, following a trip to Spain.