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Coronavirus: The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020

Updated: 18 July 2021|Legal Guidance

Revocation

THESE REGULATIONS HAVE BEEN REVOKED

At 11.55pm on 18 July 2021 the Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021 revoked these Regulations, ending the lockdown restrictions in England.

Summary

The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 came into force on 24 July 2020 and apply to England only.

This guidance is a summary of the main provisions of the original Regulations, incorporating key amendments introduced by other Regulations. This guidance does not contain all provisions nor reflect all amendments introduced by all the Amendment Regulations. It is intended to guide prosecutors through the general structure of the Regulations. Prosecutors are therefore reminded to refer to www.legislation.gov.uk, using the timeline on the website to determine which provisions were in force at the time of an alleged breach.

This guidance incorporates the main amendments introduced by:

The Regulations require members of the public to wear face coverings whilst inside a relevant place (R. 2) in England to protect against the risks to public health arising from coronavirus, except in limited circumstances.

From 24 September 2020 employees and people providing services in relevant places, listed in a new Schedule 3, are required to wear a face covering in in any part of a relevant place which is open to the public, and comes or is likely to come within close contact of any member of the public.

The Regulations

Regulation 2 - interpretation

A relevant place includes a shop (R. 2(2) and Schedule 1 Part 1) and a transport hub (R. 2 (4)). Members of the public do not have to wear a face covering in premises listed in Schedule 1 Part 2.

From 8 August the Amendment Regulations replace Parts 1 and 2 of the Schedule with Schedule 1 and Schedule 2.

Schedule 1 contains a list of relevant places where face coverings must be worn.

Schedule 2 contains a new list of places that are exempt from the definition of “shop”, where face coverings do not need to be worn.

Regulation 2 has been amended on a number of occasions including the amending of the definition of a “relevant place” as originally drafted. Prosecutors are therefore reminded to refer to the Regulations in force at the relevant time, and to use the timeline to determine which provisions were in force at the relevant time. 

Regulation 3 - requirement to wear a face covering when entering or remaining within a relevant place

No-one may, without reasonable excuse, enter or remain within a relevant place without wearing a face covering. (R. 3(1)).

For the purpose of the Regulations a face covering is defined as a covering of any type which covers a persons’ nose and mouth (R. 2(1)).

R. 3 also includes a list of individuals who are exempt from the requirement to wear a face covering while entering or remaining in a relevant place.  

Regulation 4 - reasonable excuse for not wearing a face covering when entering or remaining within a relevant place

R.4 includes a non-exhaustive list of what is a reasonable excuse for not wearing a face covering while entering or remaining in a relevant place.

Regulation 5 - enforcement of requirement to wear a face covering when entering or remaining within a relevant place

Where a relevant person considers that another person is not wearing a face covering at the time of entering a relevant place a relevant person may deny entry to the individual (R. 5(1)).

Where a relevant person considers that a person is not wearing a face covering in contravention of R. 3, and they consider it necessary and proportionate to ensure compliance with R. 3, (R. 5(7),) the relevant person may—

  • direct that person to wear such a covering (R. 5(2)(a));
  • direct that person to leave the relevant place (R. 5(2)(b)).

Where a person does not comply with a direction given to them by a constable under R. 5(2)(b) the constable may, if they consider it necessary and proportionate to secure compliance with the requirement in R. 3, use reasonable force to remove them from the relevant place (R. 5(3) and R. 5(4).

Regulation 6 - Offences and Penalties

A person commits an offence if they:

  • contravene the requirement in R. 3 (R. 6(1));
  • obstruct, without reasonable excuse, any person carrying out a function under the Regulations (R. 6(2));
  • contravene a direction given under R. 5(2) or R. 5(5) without reasonable excuse (R. 6(3)).

An offence under the Regulations is a summary offence punishable with an unlimited fine (R. 6(4)).

Regulation 7 - Fixed Penalty Notice

An authorised person (R. 7(11)) who reasonably believes an individual has committed an offence under the Regulations can issue an FPN, provided the individual is aged 18 or over (R. 7(1)).

R 7A (introduced on 28 August 2020) explains the amount of the fixed penalty depends on when the breach was committed; whether the breach is a first or subsequent breach, and what Coronavirus Regulations breaches are taken into account in assessing this.

Regulations 9 and 10

The Secretary of State must review the need for the requirements within the period of 6 months of their coming into force (R. 9). The Regulations expire after 12 months (R. 10).

Schedules 1 and 2

Schedule 1 – Relevant places where face coverings must be worn and Schedule 2 - Exemptions from definition of a shop have, and will be amended, by adding and to the list of relevant places in Schedule 1 and by amending the definition of a shop for the purposes of the Regulations.  Prosecutors are reminded to refer to the Regulations to determine the definition in force at the time of an alleged breach.

Schedule 3 introduced from 24 September 2020 – a new Schedule 3

A new Schedule 3 lists the relevant places where the exemptions from the requirement to wear face coverings by employees or persons providing services do not apply (so there is a requirement to wear a face covering):

Charging Practice

These offences are summary only and, in line with the Directors Guidance on Charging, can be charged by the Police. Prosecutors are reminded that the issuing of criminal proceedings is likely to have been a matter of last resort.

Offences under the Coronavirus Regulations are not governed by the 6 month time limit (from the offence date) set out in section 127(1) of the Magistrates' Courts. The Regulations are made under the Public Health (Control of Disease) Act 1984 and section 64A of this Act states that the time limit for proceedings is:

  • before the end of the period of 6 months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor's knowledge; and
  • within 3 years of the date of the commission of the offence.

Since offences under the Coronavirus Regulations are usually charged by the police, in most cases the police officer will be “the prosecutor” for the purposes of this statutory time limit provision. It should be noted that:

  • Where an offence is charged 6 months or more after the date of the breach, the police officer who makes the charging decision should produce a certificate to state the date on which evidence which they think is sufficient to justify the proceedings came to their knowledge.
  • The relevant date will depend on the review process operated by the particular police force. For instance, in cases where a FPN is issued, the relevant date could be any of the following: the date of breach; the date when the FPN was issued; the date after the expiry of the 28 day period for payment of a FPN; or later, when an evidential review for charging purposes is completed.
  • In cases where the CPS charges an offence under the Coronavirus Regulations, such as where it is linked to other offences referred to the CPS for a charging decision (and it is considered appropriate to charge the Coronavirus offence), if the case is charged 6 months or more after the date of the breach, the CPS prosecutor should produce the certificate. 

The court in the case of DPP v Woodward [2017] EWHC 1008 (Admin); 181 J.P. 405 reviewed the main authorities on this point and summarised the key propositions. It stated that the relevant date is the date upon which the prosecutor considers that, upon the available evidence it is in the public interest to prosecute the particular individual, and not merely whether there is a prima facie case. However, the decision could not be avoided or delayed by sitting on information.

When deciding whether a prosecution is in the public interest, prosecutors should consider Paragraphs 4.9 – 4.14 of the Code for Crown Prosecutors, when assessing the relevant public interest factors tending for and against prosecution. Given that the offences in the Regulations are related to measures imposed to prevent the spread of infection throughout the UK, and potentially high incidences of serious illness and death, they should be considered serious. A prosecution will therefore likely be required in the public interest in the majority of cases.

When breaches of The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 are committed at the same time as other offences prosecutors should consider the totality of the offending. In circumstances where the breach of the Regulations is not likely to attract a separate penalty then no additional offence should be charged. The fact that the circumstances of the offence also involved behaviour which was in breach of the Regulations should be referred to in the case summary so that it is treated as part of the overall circumstances of the offending for sentencing purposes. Prosecutors are reminded that offences under the Regulations cannot be dealt with in the Crown Court.

The Code for Crown Prosecutors

The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

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Prosecution guidance

This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice.

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